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Will I Have To Move Out, Or Can I Make My Spouse Move Out During A Divorce?

When going through a divorce, one of the common concerns is: Will I have to move out, or can I make my spouse move out during a divorce? The question of who gets to stay in the marital home during the divorce proceedings might affect your living situation, finances, and child custody. Understanding the factors that influence this decision is crucial. 

In this article, we will explore the divorce considerations and possibilities that come into play. If you are facing a divorce and need legal guidance, Snader Law Group is here to help. Our experienced family law attorneys can provide support during this process and protect your rights.

To learn more about residency rights during divorce and how Snader Law Group can help. Call us to schedule a consultation with our knowledgeable attorneys.

Do You Have to Move Out Before Getting Divorced?

Before filing for or finalizing a divorce, some states require spouses to live “separate and apart” for a certain time. If you want to divorce, one of you must leave. Leave before receiving your divorce papers.

In certain states, you can fulfill the separate-and-apart requirement by maintaining separate households. For example, refrain from sharing a bedroom and avoid any marital relations. But even if the state allows this, proving you and your spouse live apart is difficult. 

If you live in a state with a separate-and-apart rule, you must decide who stays and who goes.

How Does Relocation Affect an Arizona Divorce Case?

Moving can alter the most critical components of a divorce. This can include the following:

Asset Division

Arizona is a community property state. Therefore, marital assets must be divided equitably. This includes the following:

  • bank accounts
  • real estate
  • retirement accounts
  • shared debt

Before the divorce, a spouse who moves out must have a signed Disclaimer Deed from their ex-spouse. If he or she proceeds with the purchase of a new home.

Support Obligations

If a spouse moves to a different state, spousal maintenance and child support can be modified. Relocating won’t allow the spouse to avoid this support obligation.

Child Custody

In Arizona, child custody means parenting time and legal decision-making rights. A Judge must approve each custody arrangement. If a parent moves out of state or abroad. A modification to parenting time and decision making rights will consider the child’s best interests.

Joint Custody

Arizona courts favor joint custody. It allows both parents to be actively involved in their child’s life. The child’s needs must be taken into account if one parent moves out of state.

Sole Custody

Sole custody gives one parent decision-making power and parenting time. If the non-custodial parent moves out of state, they must work with the custodial parent to arrange a visitation schedule that fits their schedule. However, if the non-custodial parent refuses to modify the schedule, the sole custody parent is not required to arrange visits.

Can Moving During a Divorce Be Considered Spousal Abandonment?

Leaving the marital home does not constitute spousal abandonment. Divorce proceedings Moving cannot punish or establish misbehavior by the moving party. 

Moving out without your children, unless for domestic violence, may reduce your parenting time. Unless there is domestic violence or a troubled parent-child relationship, the Arizona family court believes children should stay in a familiar household in the same neighborhood or school district. To mitigate this disadvantage, move closer.

When Do I Need to Tell My Spouse About My Move?

If you don’t have children, you don’t have to tell your ex-spouse. If possessions are transferred before the divorce, equitable property division can be difficult. Parents moving more than 100 miles or out of state must notify the other parent at least 45 days prior, giving them 30 days to request a court review.

Can I Force My Husband or Wife to Move Out of the House During Divorce?

During an Arizona Divorce, you can remove your spouse from the house. These are the following:

  • You can request an Order of Protection for domestic violence cases. This order can provide immediate protection for victims of domestic violence. And may force the removal of the abusive spouse from the house.
  • You can request the exclusive use and possession of the home as a temporary order from the court. This request asks the court to let you stay in the marital home while your spouse finds new housing.

Will You Lose Your Property Rights If You Move Out of the House?

If you leave the house during a divorce, you won’t lose your property rights. Here are key points to consider:

  • During the divorce, the spouse who stays in the family home may not get the house.
  • State laws require judges to distribute marital property equally or fairly; therefore, preserving the house may necessitate providing the other spouse with money or comparable property.
  • If you can’t afford a buy-out, selling the house, refinancing, or co-owning it after divorce may be options.
  • Some states emphasize “fault” in property division, but others consider marriage time, household contributions, and each spouse’s resources.
  • If you move out, create an inventory and photograph valuable items. Just take clothes and jewelry, unless otherwise agreed upon.

Alternatives to Moving Out

For couples who can communicate civilly during divorce, alternatives to moving out can provide short-term solutions:

  • Birdnesting: Children stay at home as parents alternate weeks or months. A neighboring apartment for  non-residing parent can improve stability.
  • House splitting: If the home is spacious, spouses can divide it into separate occupancy areas, sharing common spaces as needed.

Consulting an experienced family lawyer can help determine the feasibility and legality of these options.

   The Value of Consulting With An Attorney In Arizona

Arizona divorces and those who move out require legal advice. Here’s why seeking legal advice is valuable:

  • Understanding Arizona Divorce Laws

Arizona divorce laws govern property division and spousal support. Attorneys can explain these laws, your rights, and your obligations.

  • Assessing Your Circumstances

An attorney will assess your children, property, income, and domestic violence situation. They will assess your situation and advise you on whether you or your spouse must leave.

  • Knowledge of Legal Options

A divorce attorney knows the legal choices for living arrangements. They can help you negotiate, mediate, or litigate for the best outcome.

  • Advocating for Your Interests

An attorney will fight for your rights and interests during divorce. They will listen to your problems with living arrangements.

  • Strategic Decision-Making

An attorney can advise you on whether to leave or file divorce. They will evaluate each option and help you choose one that meets your goals.

  • Negotiating and Drafting Agreements

If you and your spouse can agree on living arrangements, an attorney will help negotiate and draft a legal settlement. This ensures fair, reasonable, and enforceable terms.

  • Representation in Court

A Phoenix divorce attorney will represent you in court if you cannot negotiate or mediate living arrangements; they will argue and prove your case.

  • Minimizing Emotional Stress

Divorce can be emotionally challenging. You can focus on your well-being while they handle the legal issues. This can alleviate stress and streamline the procedure.

Remember, consulting with an attorney at Snader Law Group is crucial. We have attorneys who are experienced and knowledgeable in family law in Arizona. We can give you accurate and tailored advice for your specific circumstances.

Speak with an Experienced Phoenix Divorce Lawyer Now!

Don’t navigate this pathway alone; – an experienced Phoenix divorce lawyer will guide you. Take the initiative now!

Here’s how you can reach out:

  • Complete our online contact form with your details.
  • Utilize the chat box located on the lower right side of our webpage.

Remember, Snader Law Group is here to provide you with the guidance and understanding you need. Take advantage of this convenience and make the best decision for your future. We’re ready to assist you.

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