The Legal Implications of Moving Out During a Georgia Divorce
Deciding whether to move out of the marital home during a divorce can be one of the most challenging decisions you face. While tensions may be high and living together may feel increasingly unbearable, moving out prematurely or without a clear plan can have an impact on your divorce if you do not plan accordingly.
At Resurgens Legal Counsel, we understand the stress of navigating divorce. Below, we outline the key considerations to help you make an informed decision about whether to stay or leave the marital home during this process.
Custody and Parenting Time
One of the most critical areas impacted by moving out is custody. Georgia courts prioritize the best interests of the child when determining custody arrangements. If you move out and leave the children in the marital home with your spouse, it could signal to the court that you are relinquishing your role as the primary caregiver. This perception can significantly influence temporary custody orders and even final custody determinations. Courts prefer stability for children above many other factors, so when you relocate from the marital home while leaving the children there, it becomes easier for the court to maintain the status quo by granting primary custody to the spouse that stayed with the children.
Key Takeaway: If you are seeking primary custody or substantial parenting time, consider staying in the marital home with your children if it is safe and feasible to do so.
Impact on Property Division
In Georgia, marital property is divided equitably—not necessarily equally—during a divorce. Moving out of the marital home does not mean you forfeit your financial interest in the property. However, it may complicate matters if your spouse remains in the home and is solely responsible for maintaining it (e.g., paying the mortgage, utilities, or taxes). While this does not necessarily entitle that spouse to a greater share of the home equity, it may bolster an argument they make to that end.
Courts may also consider whether the spouse remaining in the home can afford to keep it after the divorce, which could factor into property division discussions.
Key Takeaway: Before moving out, consult your attorney to establish agreements about financial responsibilities for the home during the divorce process.
Alimony and Financial Support
Leaving the marital home could also influence decisions about temporary spousal support. If you move out and your spouse remains in the home without sufficient income to cover living expenses, the court may order you to contribute to those costs, particularly if you were the primary breadwinner.
On the other hand, moving out could increase your own living expenses, which may affect your financial flexibility during the divorce proceedings. If you own the home with your spouse, you and your spouse will remain responsible for paying the mortgage (if you have one), even if you are incurring additional housing costs outside of the marital home.
Key Takeaway: Understand the financial implications of moving out and plan for temporary support orders that may be issued by the court.
Safety Concerns and Domestic Violence
In cases where remaining in the marital home poses a risk to your safety or the safety of your children, moving out may be necessary to ensure your safety. Georgia courts prioritize the physical and emotional safety of the parties and the children, so if moving out is necessary to protect yourself, the court is unlikely to hold it against you, even when other factors are at play.
If you need to leave due to domestic violence, consult with your attorney immediately to secure temporary orders for custody, support, and possession of the home. You may also consider filing for a protective order to ensure your safety.
Key Takeaway: Your safety and well-being should always come first. Legal protections are available if you need to leave for your safety.
Abandonment Claims: Fact vs. Fiction
A common concern is whether moving out constitutes “abandonment” under Georgia law. While the term “abandonment” does exist in certain legal contexts in Georgia, its relevance to property division and other aspects of divorce is often overstated. Georgia courts rarely penalize a spouse simply for moving out of the marital home, especially if the move is reasonable and does not harm the children or disrupt financial obligations.
Key Takeaway: Moving out is not likely to harm your case if you continue to meet your financial and parental responsibilities.
Alternatives to Moving Out
If staying in the marital home is untenable but you are concerned about the legal implications of leaving, there are alternatives:
Separate Living Arrangements Within the Home: Some couples opt to establish separate spaces within the home to minimize conflict while maintaining custody and financial stability.
Temporary Agreements: Work with your attorney to create temporary custody and financial arrangements before leaving.
Key Takeaway: A strategic approach to separation can minimize potential risks to your case.
Conclusion
Moving out of the marital home during a Georgia divorce is a deeply personal decision, but it is one that can carry significant implications for your divorce. Before making this move, consult with an experienced family law attorney to evaluate the potential impact on custody, finances, and property division.
At Resurgens Legal Counsel, we are here to guide you through every step of the divorce process. If you are considering moving out or need help navigating the legal complexities of divorce, schedule a consultation with us today through our website or by calling us at 770-765-7550.