When you and your spouse decide to divorce, one of the many inevitable things that must then occur may be a truth you hate to face. One of you will have to move out of the home you made together. Even this part of the divorce can cause a great deal of strife. You should see your divorce and custody lawyer before you agree to any new living arrangement, whether your spouse wants to move out, leave you with the responsibilities of running the house by yourself, or offers something in between. Consider these do's and don'ts if you decide it's time to move during a divorce.
Do Get Agreements in Writing
Many once happily married spouses find that they didn't really know their mate until they divorced. It can do strange things to people, and you may be surprised. Protect yourself by seeing an attorney and putting everything in writing that you decide on regarding real estate and property. Don't leave room for regrets.
Don't Bring Your Kids into the Compromise
When you and your spouse are trying to decide on who should stay in the house, don't ask for input from your kids. This is a very adult decision, and even teenagers shouldn't be burdened with the task of giving parents input on who gets which asset or who gets to remain in the home. If children are curious about what is going on with living arrangements, reassure them that you and your soon-to-be ex will always keep their needs first and will let them know as soon as any decisions are made.
On the other hand, it's important for kids not to feel like both parents are keeping secrets. Although you shouldn't burden them with unnecessary details, letting them know what the plans are is helpful once decisions have been made. If you and your spouse agree to keep the home instead of selling it to divide the assets, reassure your children of this fact that you are keeping the home. If you decide to sell it, let the children know that they will always have a secure home.
Do Stay with Your Kids if You Want Custody
Don't agree to move away from your children if you ultimately want custody. Because the judge will want to look after the best interests of your kids, it may seem that the children will be better off without a lot of upheaval such as moving in with a parent who doesn't currently live with them. If you want primary custody of your children, don't agree to move away from them unless your lawyer advises you differently based on your individual circumstances.
Finally, be sure to see your divorce lawyer before or when you and your spouse come to an agreement about who moves out, and only agree to things that you feel are in the best interests of you and your children. It's important to protect yourself throughout the divorce no matter how much you trust your soon-to-be ex.
For more information, contact companies like Law Offices of Lynda Latta, LLC.Share