Monday, August 22, 2011

CAN I MOVE OUT DURING A DIVORCE?

QUESTION: My wife and I have tried to reconcile our marriage several times but to no avail. We have 4 children, we own a home, and we have been married for 21 years. My wife is telling me I should get an apartment while she stays in the house with the kids for a year or so till they get adjusted. Does my moving out have any negative bearing for me in the divorce if I keep in contact and visit the children?

MY RESPONSE:

If you move out, you will lose the daily interaction and the frequent and continuing contact with your children that you had when you saw them at home every day. That could affect your ability to get substantial Child Custody rights at the OSC and Trial levels.

Not moving out during the divorce might avoid an OSC for Child Custody and Child Support.

You would have much greater exposure to an earlier and greater Child Support order if you move out, since Child Support is based on the percentage of your custodial timeshare, your income, and your wife's income.

There is no legal requirement for you to move out - just keep the peace and stay out of each other's way - sleep in different bedrooms, don't threaten each other, and don't commit domestic violence.

Moving out would result in increased costs of living because of the need to support two separate housholds - and you could be stuck with all or the majority of the costs of your wife's household, especially if your wife doesn't pay the mortgage or real property taxes.

Also, moving out would result in your loss of control of your house - in terms of ensuring that it is appropriately maintained and repaired, facilitating sale of the house if that is appropriate in the division of community assets, and ensuring that the mortgage and real property taxes are paid.

If you can work out peaceful co-existence in the family home, you may be able to avoid those risks.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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