Many times I am asked by people whether they can or should leave the marital home prior to or after filing for divorce. If you have children the answer is almost always no. Many times the spouse will say that they need space, that there should be a temporary separation, or some other reason for having the opposite party leave. If the party leaves and the children stay than the party that is staying with the children have an advantage in future custody disputes. As the separation becomes longer the custody issues become more difficult. If there is fighting than one or both of the parties needs to have the self discipline to avoid confrontation no matter what the other party does or says. The only way that someone should leave the marital home is if the custody and parenting time issues area resolved. If they are not resolved and the other side is unhapy because you refuse to leave don’t be fighting no matter what. Quite frequently bogus claims of domestic violence can occur in an attempt to get someone removed from the home.
If you do not have childen than leaving the home is not as big an issue. The only down side centers on money. Quite frequently the court will make a party pay the same expenses as when they were living in the home if they leave. Sometimes when this happens the other party will not settle as quickly because they know that they will have to pay the expenses by themself if the case settles. If you stay they are more likly to settle because the sooner they settle the sooner they will not have to live with you. There are cases where one of the parties doesn’t want a divorce and trys to drag things out. The most important thing to do is to make sure that you consult with an experienced family law attorney before making any major decisions if you are in a situation in which it is likely that a divorce may be filed.
If you have any questions or need help with your issues or someone you know call me at the office 248.380.8787 or on my cell 248.672.6112 and I can help. I have handled hundreds of divorces for clients in Wayne, Oakland, and Livingston County. My offices are in Howell and Novi. I have been practicing law for over 26 years for clients living in Novi, Farmington Hills, Northville, Walled Lake, Wixom, Commerce, South Lyon, Milford, Highland, Plymouth. Livonia, Howell, Brighton, Fowlerville, and in many other communities in South Eastern Michigan.If you