It is a common misconception that if you leave the marital home during the divorce process, you will face issues with “abandonment.” Often times, it is a spouse throwing around this word to instill fear, but without any real understanding of what it means.
Once a divorce case is filed, although it is often awkward and a little uncomfortable, both parties have the right to remain in the marital home until the divorce is finalized. However, it is not uncommon that at some point in time it becomes unbearable for parties to continue living together. Sometimes, there are serious safety concerns (physical abuse, substance abuse issues, etc.) that require one spouse to leave the home.
Despite what your spouse may threaten, if you do leave the home during the divorce process, the marital home still remains an asset to equitably divide. However, this usually means that the two of you will continue sharing all household expenses in the same manner that you were prior to the filing for divorce. Therefore, prior to moving out it is important to consider this financial dilemma. Some individuals are fortunate enough to have family members or friends nearby to stay with, free of charge, while the divorce settlement is negotiated. Even though the home is still considered a marital asset, it is important to consider the length of time that you will be out of the home, as this may affect who is ultimately awarded the home in the divorce and you may want to make arrangements to gather your personal belongings to avoid items being destroyed or disappearing.
It is another misconception that by moving out of the marital home during the divorce process, you will be “charged” with abandonment for leaving your children. If you have children, the best option is to work out a temporary custody, parenting time, and support agreement prior to moving so that you and your spouse ensure that the children maintain a healthy relationship with both of you. If you cannot work out an agreement regarding your children prior to moving, then contact an attorney immediately. You want to ensure that you are having some sort of contact with your children pending the divorce to protect yourself with respect to custody and parenting time issues. This situation should not to be confused with the State of Michigan charging a parent for criminal neglect and abuse of a child (see Michigan’s statute MCL 750.136bfor definitions).
Pospiech Family Law & Mediation, PLLC is focused on finding resolutions that help your family move forward. Attorney Jessica L. Pospiech provides a calming influence and gives her clients the care and attention that is so necessary for families facing difficult and emotional circumstances. Ms. Pospiech ensures that she is readily available for her clients’ questions and concerns. Please do not hesitate to reach out.
P: (734) 531-8554
E: jessica@mifamilylawfirm.com