Should You Move Out or Stay?

Posted by Diane Cherry, Managing Partner | May 11, 2022

Should You Move Out of the Marital Home?
Move Out or Stay in the Marital Home?

If you are in the middle of a divorce in Georiga, should you move out or stay in the marital home?

Many people assume they need to stay in the marital home to protect their property interest in the home and furnishings.  Not so in Georgia.  You don't need to stay in the marital home.  You can move out.  Just make sure that you discuss how the bills will be paid when you move out so the mortgage or rent, utilities, insurance and other obligations are covered.  While you can move out, you should not leave your spouse in a position where they are unable to pay the bills.  You need to work out a suitable interim arrangement so all bills are paid even after you move out.  And to protect yourself, consider taking photos or a video of all of the marital property before you move out.

While moving out will not jeopardize your equitable interest in the marital home, it may impact child custody if the minor children remain in the home with your spouse and you move out. To minimize any potential adverse effect on child custody, you should try to work out a parenting plan in advance of your move that gives each parent equal parenting time.  If you reach a temporary agreement on shared custody, make sure the agreement is put in writing and signed by the Judge so it becomes an enforceable Order if either party fails to abide by its terms.

While it is possible to continue to share the marital home while a divorce is ongoing, it may be best for both parties and the children for one party to move out.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.


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