Is it wise to move out before your divorce is final?
Photo of Attorneys T. Noel Brooks and Jesse Baez walking outside.
Photo of T. Noel Brooks and Jesse Baez

Is it wise to move out before your divorce is final?

On Behalf of | May 27, 2022 | Family Law

Couples who are ending their marriage might find it easier to live apart at the outset. It’s fair to wonder whether you should move out of the marital home before or after your Virginia divorce is final.

Are couples required to live separately before divorce?

Virginia’s laws require you to be separated at least six months before filing for divorce if you don’t have children. You must sleep apart and refrain from physical intimacy during your separation period.

Married couples with children who want a divorce must be separated for one year before they can file.

Should you move out before your divorce?

In most cases, if you’re divorcing, it means you shouldn’t live in the same home as your spouse. However, it’s possible for both of you to remain living under the same roof as long as you live separate lives in different rooms and avoid intimacy.

Moving out of the marital home is normal when a couple is going through a divorce. Usually, one spouse does that while the other continues living there at least until the divorce is final. However, it’s wise to remain in the state before the divorce has concluded. If you plan on moving to a different state, you should wait until after the divorce is final. Of course, if you have children, moving out of state might also disrupt their lives and their relationship with your spouse.

If there’s a situation of domestic violence within your marriage, you should definitely move. Safety comes first.

Some people have financial issues that might prevent them from moving. However, during a divorce, it’s usually the spouse with the higher income who moves out of the marital home. The court might also order them to continue making payments toward household expenses.

All situations are different. You and your spouse will come up with a solution regarding who lives where before your divorce is final.