When you begin divorce proceedings, there are many decisions that you have to make. Some of them will be very easy while others will be difficult. You may also have decisions that you are not sure about. One such decision may concern your family home in North Carolina. This is a common issue for many divorcing couples. Should you move out before the divorce is final, or should you stay?
The Huffington Post explains that the first instinct for many couples is that one of them should leave the family home. However, this is not the smartest move because leaving the home surrenders its possession to your spouse. If you later want to try to get the home as part of your property settlement, you may have a very difficult time doing so.
In addition, if you have children, it can complicate custody matters. Since you left the home, the other parent became the primary caregiver. This could make it more difficult for you to get physical custody if you want it. The judge may see the children as settled in with the other parent in the home they have always lived in. This is a big argument against anything you could say.
It also shows that you do not prioritize staying close to your children. It can look very bad and be a mark against you in court when it comes to deciding custody matters. Furthermore, the situation sets the stage for temporary orders during the divorce concerning custody of the children. This information is for education and is not legal advice.