Divorce is a tumultuous time in anyone’s life. Significant changes will occur related to children, finances, and living situations. In this blog, I will address questions related to changes in living situations, and how to best prepare for these changes. Part I will tackle what to consider before the divorce is filed. Part II will focus on items to consider post-divorce.
Prior to Divorce Proceedings
Before a divorce is filed, both parties have equal rights to remain in the home. Once a divorce is filed, these rights will not normally change without court intervention. Such intervention may take some time before a hearing can be held and an order issued. However, most people would rather not share a home with a person they will soon separate from. Typically, one of the parties will move out prior to divorce proceedings. Since whoever moves out will then have their own expenses for their new living arrangement, the person who stays in the home will likely need to be responsible for the expenses of the home. Expenses can include mortgage payments, utilities, and insurance. If parties cannot agree on who stays and who is responsible for the operating costs of the home, they can wait until filing the divorce and then go before a judge who can decide. Parties may decide the best financial option for them is to both remain in the home for the time being. In that circumstance, thought should still be given to what will happen following the divorce.
When kids are involved in divorce, usually the primary parent will stay in the home. This helps with minimizing disruption of the kids. The primary parent in a simple sense is the parent who the kids stay with a majority of the time. This designation can be agreed upon by the parents or decided by a judge. Disruption is minimized by allowing the kids to stay in a familiar place and continue going to their usual school.
Planning for divorce can have benefits but not every person has that opportunity. In Part II, I will discuss what can happen to the house both during the divorce and after it is finalized.
This post is for informational purposes only and does not provide legal advice on any subject matter. This post should not be used as a substitute for legal advice from a licensed attorney. Readers are urged to consult a licensed attorney regarding any specific legal questions related to a specific situation.
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This post is not meant to be exhaustive, but a brief overview of maneuvering through Family Court. Contact Whitbeck Bennett by calling 800-516-3964 or by emailing firstname.lastname@example.org, to connect with an experienced attorney in your area who can guide you through the process.