If your marriage is on the rocks, think twice before you leave your home before you finalize your divorce. Leaving home without any sort of agreement can trigger divorce complications. Below are some of the complications you might suffer if you leave your marital home.
Willful abandonment occurs when one spouse leaves their marital home and cuts off communication with the other spouse. Your partner might accuse you of willful abandonment if you vacate the marital home during your divorce. The accusation is even more likely if you don't support your partner financially during this time.
Abandonment accusations can hurt your divorce in several ways. For example, your spouse can use abandonment as a ground for divorce if your state allows for a fault divorce. If you have kids, the judge will be more likely to grant custody to the spouse who stayed.
Asset Destruction or Damage
Divorce is an emotional rollercoaster, and there is no telling what your partner might do if you leave home. A vengeful spouse might decide to trash the home or sell your prized possessions. Such actions will reduce the value of assets available for division during the divorce. Note that the law does not allow you to carry marital assets if you want to leave the marital home.
Think twice before taking the children along if leaving the marital home. According to legalmatch.com, parental kidnaping occurs if one parent takes a child without the other parent's permission. Don't forget that the kids belong to both of you. Apart from complicating your quest for child custody, parental kidnapping is also a crime.
Leaving your marital home can still create problems for you if you leave the kids behind. Your partner might accuse you, and the court will be inclined to agree, of neglecting the kids. Don't forget that the other parent will be taking care of the kids during this time. All these will put you at a disadvantage during custody deliberations.
Lastly, leaving the marital home can also ruin your finances, especially if you didn't have a lot of money to begin with. For one, taking care of two homes is more expensive than taking care of a single home (at the very least, you will have two rents, mortgages, or rent and a mortgage to service). Secondly, if you are the higher-earning spouse, the law still obligates you to take care of your partner even if you are not living with them.
For more information, contact a local divorce lawyer.
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