When facing the possibility of divorce, men often ask us whether they should move out of the marital home.  It is wise to seek professional advice on this topic because, depending on the circumstances, the decision to leave can have a large impact on your divorce.

If you have children, the answer to this question is almost always going to be you should not move out at the onset of a separation or divorce.  The only exception would be if there is domestic violence or the potential for domestic violence in your home.

The primary reason for staying in the home is that it is much easier to parent your children, and it allows your children time to accept the transition to separation.  Additionally, moving out can trigger having to pay child support immediately when that would not otherwise happen.  Child support, by definition, does not exist if you live together. However, if you move out, your wife can request child support right away, often in addition to being responsible for the monthly bills.

In addition to the above – with or without children – staying in the marital home will allow you to monitor the day to day happenings there.  Moving out can create opportunity for your wife to remove or destroy property.

In summary, we prefer and recommend you continue to live together at least until you can meet with an attorney who can then review the specific details of your circumstances and give advice accordingly.