Friday, April 25, 2014

Thinking about Divorce: Should I leave?

This is a question many people face between the time that they've decided they want a divorce and the time they visit an attorney: Should I leave the home?  You may face this question for a multitude of reasons: your spouse refuses to leave, you need your space, you want a fresh start, etc.  You should be aware, however, that leaving the marital home may have consequences to you.

Leaving the marital home may decrease the chances that the court award you custody of the children.  In many cases (although, remember, child custody takes many factors into account), the parent remaining in the marital home may be awarded custody.  This is because courts like to see stability for the children and remaining in the home may be able to increase that stability.  There may be additional monetary consequences when it comes down to distributing assets, depending on the specifics of your case. 

If you are thinking about divorcing, you should contact an attorney as soon as possible to determine the best avenue for you to move forward.  If you would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.