Property Division Attorney in Minneapolis, Minnesota

Moving Out During Divorce

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That’s a question that depends on the situation. If you have children here’s what happens. You go to court early to deal with the children. Who’s going to take care of the children primarily during the early stages of the divorce. And in the early stages of the divorce because the courts don’t have all of the information right up front or in the early stages, they frequently maintain the status quo. They don’t change anything until they have all the facts. So if one party has moved out before the divorce starts or in the early stages of the divorce, the status quo most likely is going to be maintained for the duration of the proceeding.

So if being the primary parent is important to you, you should stay in the house. Stay with the kids and then the process will proceed down the way and you’ll have a good chance of staying with your children from the very beginning of the dissolution.

Now on the other hand, if you have no children moving out can have two effects. For the person earning the money or earning more money, if he leaves and the person earning less money stays in the house that’s going to automatically increase or elevate the budget or the necessary expenses for the person who stays in the house. And in those cases, it’s better to talk up front if you’re able to talk about how you’re going to dissolve your marriage. It’s better to decide among yourselves how you’re going to deal with a house before somebody moves out. After somebody moves out the facts almost dictate what’s going to happen to the house.

Minneapolis family law attorney Denis Grande discusses if it hurts to move out of the marital home during divorce litigation.

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