Should I Move Out of the Marital Home During My Divorce?

 Posted on March 21, 2025 in Property Division

The decision to stay or move out of the marital home during a divorce is not just about physical space– it can shape the outcome of your case. While packing your bags may seem like a way to avoid stress and conflict, it could have unintended legal and financial consequences. This choice can impact property division, child custody, and even your long-term economic stability. Before making a move, it is important to understand how leaving the home could affect your divorce proceedings. A knowledgeable Illinois divorce lawyer can help you navigate this complex decision.

Will Moving Out Affect Property Division?

Moving out does not mean you are giving up your ownership rights to the marital home. However, it could influence how a judge views property division in your case. For instance, if one spouse stays in the home, the judge may argue that he or she should be awarded the property, especially if he or she is the primary caregiver for the children.

Also, even if you leave, you may still be responsible for mortgage payments, property taxes, or maintenance costs. Before deciding to move out, consider the financial implications and discuss your options with an attorney.

How Could Moving Out Impact Child Custody?

If you have children, leaving the home without establishing a clear parenting arrangement could affect custody decisions. If one parent moves out and does not maintain regular contact, the court might assume they have a lesser role in the child’s life. To protect your parental rights:

• Establish a temporary parenting plan before moving out

• Maintain consistent visitation and communication with your children

• Ensure your new home is suitable for overnight stays

Can the Court Order Me to Leave the Home?

Sometimes, a spouse may request exclusive possession of the marital home. A judge may grant this request if continuing to live together would cause too many difficulties or if there has been a history of domestic violence.

If you are in an unsafe situation, you may be able to obtain an order of protection that requires your spouse to leave the home. If you are asked to leave, consult with an attorney before complying to understand your legal rights.

What Are the Pros and Cons of Moving Out?

On the positive side, leaving the marital home can reduce tension and conflict between spouses, creating a healthier environment for both partners and their children. The space can help facilitate a fresh start, which may be beneficial for everyone’s mental well-being.

However, there are potential drawbacks to consider. Moving out could impact property division and child custody arrangements, especially if the court views the spouse who stays in the home as having a stronger claim to it. Securing a separate residence may lead to financial strain due to rent, mortgage payments, and other housing costs. Once a spouse leaves, reclaiming ownership of the home may also be more challenging later in the divorce process.

Contact a Kane County, IL Divorce Lawyer

Deciding whether to move out during a divorce is a significant choice with lasting consequences. There is no one right way to make this decision, and every person’s unique needs can result in different ways to best serve their interests. Before making a decision, it is essential to consult with a lawyer who can explain your options. An experienced Geneva, IL family law attorney at The Law Offices of Douglas B. Warlick & Associates can help you protect your rights through the process. Contact us today at 630-232-9700 for personalized legal guidance.