There are various reasons why a person dealing with divorce would want to move out of the marital home. These reasons can range from emotional issues to problems with abuse or violence and financial considerations. However, it’s worth noting that leaving the family home before finalizing the divorce can complicate particular divorce matters. In this blog, we’ll answer the question, how does moving out affect divorce in Georgia?

The Child Custody Agreement May Be Affected

When the courts make child custody decisions, they consider consistency when determining the child’s best interests. Moving out of the family home can negatively affect the strength of a child custody claim if not handled properly. In most cases, the parent that stayed in the marital home with the child will argue that staying in the house would be better for the child’s wellbeing.

However, there are certain provisions if you are in a family violence situation that can allow you to move out of the marital home without any penalty for leaving. Additionally, considering factors such as the length of time the children have been in a stable environment and the children’s social, extracurricular, and school records and needs is an important consideration before moving out.

GA Property Distribution May Also Be Affected

A lot of married couples jointly rent or own their homes, which means you will still have to pay for the house if you move out. Both spouses will still need to pay the rent or mortgage, insurance, and related household expenses. This also means that both spouses remain equal owners of the house if this was the case to start with. Therefore, before you move out, you should take the following steps to make sure that your rights will be protected: 

  • Make copies of all the important paperwork. For example, financial information, including tax returns, deeds, mortgages, business documents, and any paperwork considered evidence of major expenses and assets.
  • Take an inventory of all the valuable items. Having photos of all your valuables can help prevent a vindictive spouse from either removing or hiding your possessions or misrepresenting them. These photos will also help the court when determining property distribution.
  • Make a detailed list of all sources of wealth. This list is crucial, especially if you and your spouse have trust funds, multiple income sources, or other sizable assets.

Talk to a Seasoned Georgia Divorce Attorney Today

Consult with a Georgia divorce attorney before you leave the family home if you’re dealing with domestic abuse issues or feel that you and your child may be in danger. The attorney will help you understand the potential consequences of moving out and enable you to make a more legally sound and informed decision.

Contact Banks, Stubbs & McFarland today by calling 404-301-7980 or contacting us online to discuss your unique divorce issues and concerns, how moving out may impact the divorce settlement agreements, and what our Georgia divorce attorney can do for you.