If you are contemplating divorce, you may be thinking of moving out of your primary residence. While getting a divorce can be an emotional time for anyone, if you decide to leave prematurely, it may create more issues than it resolves.
In this blog, our South Carolina divorce attorneys discuss the implications of moving out of the marital home and alternative options that may be available to you.
Implications of Leaving Your Primary Residence
In South Carolina, the court will determine a fair and equitable distribution of the property you acquired during your marriage. Marital property will include both real and personal property. If you move out before your divorce is finalized, it may impede negotiations.
However, if you are seeking a no-fault divorce, then under state law, you and your spouse are required to live apart for a period of one year. South Carolina also offers divorce based on fault grounds. If you leave your residence for one year or longer without your spouse’s consent, your spouse could file for divorce on the grounds of desertion.
To qualify for divorce based on desertion (also known as abandonment), there must be no justification for your leaving and an indication that you do not plan to return. This must have taken place prior to filing for divorce. Keep in mind that if you are accused of abandonment, it will limit your ability to see your children.
What if You Were Forced Out?
If you are dealing with domestic violence or some other issue that makes staying in your home unsafe, you will want to discuss your situation with a divorce lawyer. Nobody should remain in an unsafe situation, but moving out can affect your ability to receive alimony and marital assets.
A South Carolina divorce attorney may be able to assist you in finding long-term housing to keep you and your children safe. If moving out was necessary to protect yourself and your children, a divorce attorney will work to ensure that you receive your fair share of marital property and assets.
Alternatives to Moving Out
If you and your spouse are no longer interested in partaking in a marital union, you may consider residing in the same house but remaining apart. You can stay in separate bedrooms and limit interactions. It is a short-term solution that will allow both parents to be present for their children. It also avoids the financial burden that would be placed on each of you if you left.
You can also take living separately under the same roof a step further by dividing the house into two occupancy areas. This will allow both you and your spouse to have your own space while not feeling like you are avoiding one another. For most couples, this is only a short-term solution until the final divorce papers are signed.
Speak with a South Carolina Divorce Attorney at Your Earliest Convenience
Couples that decide to move forward with divorce often call it “quits” on their marriage long before taking any legal action. If you and your spouse are considering divorce, now is the time to speak with a South Carolina divorce attorney. To schedule your consultation with one of our experienced South Carolina divorce attorneys, contact us online or by phone.