Think Twice Before Moving Out After Filing for Divorce


If you're filing for a divorce in Pasadena, it might seem like common sense to pack your bags and move out of the home you and your spouse share. However, moving out is often not a good idea. In fact, moving out of the marital home is commonly listed as one of the top mistakes men make when filing for divorce.

If you leave the home without your children, you risk having your spouse’s attorney accuse you of abandoning your family. Even if your spouse is the one who asked for a divorce, this negative perception can be harmful when it comes time for custody and visitation issues to be decided. Continuing to live with your children and be actively involved in their lives shows a family court judge that you fully intend to remain a devoted parent despite the end of your marriage.

If you’re not a parent, but you earn more than your spouse, moving out is a bad idea because it could place you in a position where you would need to continue paying your spouse’s living expenses until the divorce is finalized. Maintaining two households while you negotiate a divorce can present a serious financial burden that should be avoided at all costs.

If you voluntarily leave the marital home, you also risk having your spouse destroy or hide important documents and/or personal items. Going through the appropriate legal channels to remedy this situation is both time-consuming and costly.

As long as your name is on the mortgage or lease documents, you have no obligation to leave the marital home. This is true regardless of whether you or your spouse initiated the divorce. The only way you could legally be forced to leave would be if there was a domestic violence restraining order in place.

Even though living under the same roof while filing for divorce makes for some awkward encounters, continuing to share the same residence is generally your best option. If necessary, consider having one of you move into the guest bedroom or adjust your work schedules so you're not home together as often.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you are in need of legal representation during your divorce. Our Pasadena family law firm can discuss your options and help you develop a strategy that best addresses your unique situation.