Your marriage is falling apart, tensions are high and divorce is inevitable. You’re probably exhausted from the daily arguments with your spouse, or you just want space to breathe. Packing up your belongings and leaving the family home may seem like your best option, but it’s ill-advised.
Moving out too soon without a clear plan or valid reasons can create serious complications once the divorce process begins. You could unknowingly tip the legal scales in your spouse’s favor. Here’s why.
You might weaken your case for custody
If you have children, moving out too soon could jeopardize your chances of getting primary custody. Courts favor custody arrangements that reflect a child’s existing routine and stability. When you leave the family home, the other parent may end up handling parental responsibilities alone while you’re on the outside looking in.
Courts may see the new arrangement as stable and assume the other parent has been the primary caregiver or taken on the role, an impression that could work against you during custody proceedings.
You could be accused of abandonment
Your spouse may accuse you of abandoning your responsibilities in the marriage without justification. This can put you at a disadvantage when it comes to dividing property. For instance, if a judge believes you walked away from the marriage without cause, it could impact your financial outcome.
Don’t leave impulsively
Before taking such drastic action in the lead-up to divorce, take time to understand your rights and obligations first. Remember, even well-meaning decisions can have unintended legal consequences. Consulting someone who understands Virginia divorce laws can help you avoid seemingly minor mistakes that may undermine your position and look out for your interests throughout the divorce process.
