Moving Out Before Divorce Is Final

Often, when a married couple decides to divorce, it can be extremely difficult for the spouses to live under the same roof. It’s not uncommon for such couples to argue constantly, and for there to be a lot of strain when the spouses are together in the same room. Sometimes, living together is so unbearable, the couple feels it would be best if one of the spouses moves out.

If the couple does not have any children, having one of the spouses move out may be the ideal solution. However, when the couple has minor children together, the parent who is considering moving out while the divorce proceeds through the courts needs to think twice before packing their bags.

If you are contemplating a divorce and considering moving out of the family home while leaving your children behind with your spouse, there are some factors that you should consider before arriving at a decision you may later regret.

Do You Anticipate a Child Custody Battle?

Our question is, do you plan on fighting for custody of the children? If you plan to fight for sole physical custody, or if you want the children to live with you most of the time, moving out may not be a good idea at this point in time.

Suppose you packed your bags and moved out tomorrow, leaving your children at home with your soon-to-be-ex. If you did that, you would be sending a powerful message to the courts that your spouse is perfectly capable of caring for your children.

The family courts try not to disrupt children’s lives if they don’t have to; they favor maintaining the status quo. In an attempt to promote stability in your children’s lives, the courts may prefer to keep your children with your ex than to allow them to move in with you.

If you truly feel that moving out is best for your family because it will end the constant arguing and bring peace back to the home, it’s best to go to court before you move out and get a temporary custody order, one that encourages frequent and continuing contact with your children and leaves the door open for the children possibly moving in with you.

If you intend to pursue sole physical custody, or if you want your children to spend most of their time at your home after the divorce, you don’t want to move out until you ask the court to put temporary custody orders in place, which help, not hinder your future custody plans.

Looking for a Denver family attorney? Contact Jones Law Firm, PC by calling (720) 606-4818 for a free consultation!


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).