A spouse might move out of the family home during a divorce for several reasons. The couple is already estranged and now is engaged in litigation. The pressure of living together may be too much to bear, not to mention its effect on the children, if any. Vacating the marital residence does not impair the moving spouse’s property interests or parental rights. However, it can influence various aspects of the divorce proceedings, including child custody arrangements and financial responsibilities. 

Moving out before the divorce is final means financing two households. A separate residence entails additional costs, including rent, utilities and daily living expenses. In addition, both parents maintain financial obligations toward their children during separation. If you vacate the home, you will have to initiate child support payments promptly to fulfill your obligation. Plus, you may still be accountable for a portion of the marital home's mortgage and maintenance costs until a formal agreement is reached. 

There can also be an impact on child custody determinations. Courts prioritize the best interests of the child, favoring stability and continuity. By leaving the family home, you might inadvertently suggest a lesser role in daily parenting, potentially affecting custody decisions. It's important to establish a clear and consistent visitation schedule immediately upon moving out to demonstrate ongoing commitment to parental responsibilities. 

Leaving the marital home does not relinquish your property rights. Arizona's community property laws ensure that both spouses retain ownership interests in marital assets, regardless of occupancy. However, remaining in the home can provide strategic advantages during property division negotiations, potentially influencing decisions about asset allocation. 

Moving out can also create practical problems regarding division of personal property. The spouse occupying the home has physical possession of the furniture, luxury items and other personal property therein. It may not be possible for the vacating spouse to return for his or her things during the divorce, especially if the court has granted the other spouse temporary exclusive use of the property. 

Before deciding to move out, it is worthwhile speaking with an experienced Arizona divorce lawyer who can evaluate your options and devise an appropriate strategy. They can assist in negotiating temporary orders that address living arrangements, financial responsibilities and custody matters, ensuring your rights and interests are protected throughout the divorce process.

At Clark & Schloss Family Law, P.C. in Scottsdale, Arizona, we concentrate our practice in family law matters. We can provide invaluable support as you navigate the challenges of divorce, offering personalized advice to help you make informed decisions about your living arrangements and economic responsibilities during this transitional period. Contact us online or call us at 602-789-3497 for a consultation.