Should You Leave The Home During A Divorce?

One of the topics that we get a lot of questions about when someone is pursuing a divorce or thinking about getting divorced is should I leave the marital home? The answer depends on whether or not it is safe to remain in the marital home.

If you are in a situation where there is domestic violence occurring and it is not safe for you to remain in the marital home, then you should leave. If you have children residing in the home with you and they are witnessing domestic violence, or if the partner is engaging in any sort of physical or emotional abuse towards the children, then at that point it would be advisable that you would want to leave the marital home.

However, if there are no concerns of abuse, if there are no concerns of neglect, it would be advisable to remain in the marital home so long as you can do so safely, so long as you can continue to cohabitate and coexist with your spouse through the divorce proceedings. It's important to remember that the divorce proceedings can take several months, especially when there are children involved. So when deciding whether or not you're going to remain in the marital home during the divorce proceedings, it is important to consider how long you will be able to cohabit and coexist depending on the issues that you're having in the marital relationship.

At Bloomfield Family Law, our attorneys are available to meet with you and to discuss any potential repercussions, disadvantages or advantages to either remaining in the marital home while the divorce proceedings are pending or leaving the marital home while the divorce proceedings are pending.