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August 21,2021

Child Custody, Divorce, Family Law, Property Division

Goodman Law Firm

Who Should Move Out During Our Divorce?

HomeBlogChild CustodyWho Should Move Out During Our Divorce?

If you’re facing a divorce, there is almost certainly plenty of emotional turmoil to go around, and the thought of staying in your family home may be more than you can even consider handling. If this is the situation you find yourself in, you are not alone. Many divorcing parents, however, are concerned about the effects that moving out of the home will have on their divorce terms and on how their divorce pans out. An experienced Oak Brook divorce attorney can help you better understand your options and help you make the right choices for yourself. 

The Expense

Because divorce ultimately means supporting your home on one income instead of two, it is an expensive endeavor, and moving out while your divorce is pending can be more expensive still. Many divorcing couples find the expense of managing two homes during the divorce process exceptionally difficult, which is one reason that some choose to remain in the family home together until the divorce becomes final, but if this is a bridge too far, making the financial sacrifices necessary for one of you to move out may be necessary. 

Parental Responsibilities and Parenting Time

Parental responsibilities and parenting time are the terms Illinois has employed to replace both legal and physical custody (respectively). Because the court bases all child-related decisions on the best interests of the children involved, it recognizes that one parent may need to move out of the family home in order to allow the children a more peaceful living environment during the divorce process, and as a result, will not penalize the parent who moves out in terms of their parental responsibilities and parenting time. If your goal is to become the primary custodial parent with whom your children make their primary home, remaining in your family home with them is likely your best option. Because the prevailing wisdom is that consistency is in a child’s best interest, the court may be more inclined to retain the status quo and allow the parent in the family home to remain there with the children. 

Property Division

Moving out of the family home will not affect the division of your marital property, which is to be divided equitably in a divorce. While the person who remains in the home may be more inclined to take over the mortgage and stay on as the primary custodial parent, it won’t affect the value in your home that is deemed your equitable share. If this is the case, the following options may be available:

  • Your spouse may provide you with other assets that offset the value you’re owed
  • Your spouse may obtain a loan and pay you off outright
  • Your spouse may buy out your ownership over time
  • You and your spouse may own the home together until your children grow up and move out

It’s Time to Consult with an Experienced Oak Brook Divorce Attorney

Cameron H. Goodman at Goodman Law Firm in Oak Brook, Illinois, is a resourceful divorce attorney who has a wealth of impressive experience guiding cases like yours toward favorable resolutions. For more information, please don’t hesitate to contact us today.

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