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Can I move out if my spouse or I are filing for divorce?

On Behalf of | Jan 10, 2022 | Divorce |

When a Brighton Howell area couple decides that they are best off getting a divorce it has often been a long time coming. A divorce is never an easy decision and there can be many questions that arise during the process. One of those questions is whether one spouse can move out of the home before the divorce is finalized.

Can I move out before a divorce is finalized?

A person can move out before a divorce is finalized but it is often an expensive endeavor. If you move out it can immediately add to the economic stress by now being responsible for two payments. It is also important to remember that Michigan has a waiting period before a divorce is granted.

What if there are children?

It can be a bad decision for a spouse to move out before a divorce is filed if the couple has children. If a spouse moves out with the children, it can reflect poorly on them when the judge is deciding parenting time. The judge may agree with your spouse that you need to return the children to the marital home and work out a parenting time agreement outside of the home. If you move out without the children, the other parent is able to dictate parenting time or even deny time with the children. You will need to file for divorce and seek an interim parenting time order while the divorce is pending.

Can you move out after the divorce is filed?

Typically, you cannot move out while the divorce is pending unless your spouse allows it or you have a written order from the court allowing the move. Once the divorce is filed the court takes jurisdiction over you, your spouse, your property and your children. Making any changes should be approved by the court. Also, when a divorce is filed the party typically gets an Ex Parte Order to Maintain the Statue Quo which means if you move out you may be held in contempt of court.

An attorney who specializes in family law can help a person understand their options when it comes to all aspects of their divorce. They understand their client has many questions about the process and what they can legally do and they will offer sound advice that protects their future.