Should You Live With Your Spouse During The Divorce Process?

By | May 28, 2018

Feeling an immediate urge to move out after filing for divorce is certainly understandable. However, it’s important to know that leaving your home can disadvantage you in divorce proceedings. In an emotional time, its very important to consider the ramifications of every action you take. The two biggest issues are as follows:

Ownership of The Home

If you move out of your home pursuant to a divorce, the court may be more likely to give ownership of the home to your ex, who is still living there. This can set you up for a host of financial issues. Furthermore, if the home was purchased during the marriage and the party moving out early is the primary owner, the court may make him or her continue paying bills on the home as part of a status quo order.


A status quo is implemented to prevent any of the parties involved in a dispute from taking any action until the matter can be resolved, and in this case, its purpose is to deter the homeowner from putting an impossible financial burden on his or her spouse. This may result in the leaving party being forced to pay for two living spaces, the old and the new, which for many is not financially realistic.  

Child Care and Custody

If you do not have a court-ordered schedule established, moving out of the home can cause many problems with placement of children, both long and short-term. Living in separate homes means that children will inherently have to be in one place or the other. Without a legal order, this means that it is up to you and your spouse to decide who the child is with and when. If you are having disagreements, it essentially puts you in a place where the first to pick your child up from school, daycare, etc. is who is spending time with the child. This is a terrible position to be in for you, your spouse, and your child.


When it comes to deciding custody, the judge will most likely favor the parent who is most active in the child’s life. Moving away from the home can put you in a position where you may not be able to be as close with your child. This may cause a judge to believe that the child depends more on your spouse than he or she does you.

Looking to Make the Divorce Process a Bit Easier?

Staying in the home can be very difficult, but it should be strongly considered. Working through emotional issues, attempting to co-exist with your spouse in a shared space, and managing your finances can all take a serious burden on your psychological well-being. This is why finding simple but meaningful ways of making the divorce process easier is so important.


US Legal Pro specializes in handling many of the most time-consuming and technical pieces of paperwork involved in divorce proceedings, thus freeing up your time and your mental energy so that you can focus on the issues that are truly important to you during this difficult time. If you need help paying for the cost of divorce filing, we can even file for a fee waiver on your behalf, potentially saving you hundreds in unnecessary costs during a financially challenging process.


If you want to learn more about the services we offer, visit US Legal Pro online today. We look forward to assisting you!

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