Before making big decisions about things like moving out during the divorce process, it's crucial to consult with a legal advisor. Remember, the choices you make in the early stages of a divorce can greatly influence the outcome later on – and as the old saying goes, “Even little facts can have massive impacts.” Seeking legal guidance will be invaluable when it comes to protecting your best interests along the way.
As for property rights, leaving your shared residence doesn’t necessarily mean that you’ll forfeit your claims to your family home. You still retain your right to your share of any equity built up in any property that you own.
However, if you and your spouse both want to continue living in the home after the divorce, your chances of being awarded the property may lessen if you've already moved out. In this case, if your spouse was to claim sole ownership and continue living there, they would still need to buy you out so that you receive your fair share of the property's value.
Also, if you have minor children and decide to leave them behind when moving out, it could negatively affect you in custody proceedings later on. In fact, the courts could even view this as child abandonment.
On this note, when it comes to leaving your home, your personal safety is a priority. If you're in a situation where you or your loved ones feel unsafe, it’s important to secure your well-being, even if it means leaving your residence temporarily. In these situations, the law states that the court should not hold it against you if you left your home because you reasonably feared for your safety or the safety of your children.
Outside of protecting you and your loved ones from dangerous situations, it’s best to avoid making any big decisions during your divorce without first speaking to an attorney.