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What About Housing During My Divorce?

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Divorce Law
Post Author Image This article was reviewed and approved for publication by Attorney Charlotte Christian.

There are three major considerations to take into account when determining where to live during your divorce: safety, children, and finances. A divorce lawyer can help you evaluate these factors and advise you on the legal implications of how you and your soon-to-be-ex handle the housing situation.


If domestic violence is a concern in the home, you should do whatever is necessary to ensure the safety of you and your children. A divorce lawyer can help with obtaining court orders. A judge can issue an order for the abusive spouse to vacate the home, but if you decide to move out, even for a short amount of time, temporary child custody and protective orders may be necessary.

If you or someone you know is facing a divorce where domestic violence is involved, James McLaren, President of the American Academy of Matrimonial Lawyers offers this advice, “One of the first steps begins with listening closely to people going through a divorce who may be experiencing domestic violence. Domestic violence does not always mean physical violence. It includes restrictions of freedom and coercive control of resources. Family law attorneys can help by offering the kinds of support, resources, and advice that can really make a difference.”


Long-term child custody can be affected by how housing and custody are handled during the divorce. Moving out of the marital home can present complications when it comes to settling custody matters. A divorce lawyer who knows the ins and outs of child custody can make recommendations based on your specific situation and their experience and expertise. Charlotte Christian of The The Law Offices of Charlotte Christian and Associates specializes in child custody matters and can help you protect your parental rights.

“Presenting the court confirmation of your positive involvement and influence in your children’s lives is the best way to receive a reasonable custody decision. Freely moving out and only seeing your children occasionally does not foster credibility that keeping close to your children is your top priority…Moving out of the marital home establishes a new status quo that could potentially be transitioned into temporary court orders while the divorce is pending, and then end up in the final decree if the current arrangement appears to be working in the eyes of the court,” according to Joseph E. Cordell for The Huffington Post.


Your home is likely one of the biggest assets you have and figuring out how to handle it in the event of a divorce is not an easy task. Financially speaking, it’s best to consult with a divorce lawyer before making any changes. Approaching your living situation from a legal perspective can help you see the big picture and the long-term consequences of the choices that need to be made now.

In a snapshot, DivorceNet explains, “A higher-earning spouse who does move out of the family home must expect to continue paying many of the household expenses, including the mortgage and insurance payments. This generally means the spouse who leaves will end up in a less desirable living situation. Depending on the overall picture, the spouse who stays in the home may give up money or property in the ultimate division, to make up for having had the benefit of staying in the home.”

In all of these situations, consult with a divorce lawyer before making any decisions about housing during your divorce. The Law Offices of Charlotte Christian and Associates firm specializes in family law and can help you determine the best course of action to achieve your goals.

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