Going through a divorce is never easy. It is a time where emotions are high, and decisions need to be made, often under stress. One of the significant decisions that need to be made is whether you should move out of the family home during the divorce process. Your decision could have significant financial and emotional consequences. This article will provide guidance on the things you need to consider before making the decision to move out of the family home during a divorce in Georgia.
The Impact Of Moving Out On Divorce Proceedings
When you move out of the family home, you are effectively giving up your right to use and occupy the property. It can impact your legal rights in the divorce proceedings, especially regarding the property division. If you move out of the family home, your spouse could argue that you have abandoned the property and may seek exclusive possession of the property.
Abandonment
In Georgia, abandonment is defined as an act that indicates an intention not to assert one’s claim to the property. Even if you intend to come back, if you leave the property, it could be perceived as abandonment. This can impact your property division and could also act as evidence that you were the cause of your marriage’s breakdown.
Child Custody
If you have children, moving out of the family home could impact child custody. When determining child custody and visitation in Georgia, the court considers the best interests of the child. The court may consider whether the move has a negative impact on the child’s well-being by uprooting them from their home and changing schools or communities.
Financial Considerations
Moving out of the family home during a divorce can have significant financial consequences. You will have to pay for two households, which can put a significant strain on your finances. You will need to consider:
Rent or Mortgage
If you move out of the family home, you will need to pay rent or a mortgage on your new residence. This can add up quickly and impact your finances negatively.
Utilities
When you move out, you will need to set up utilities and services such as water, electricity, cable, internet, and more. These costs can add up and increase your monthly expenses.
Moving Expenses
Moving is expensive, and you will need to factor in the cost of hiring a moving company, packing supplies, and other related expenses.
Child Support and Alimony
In Georgia, child support and alimony are usually based on the parties’ incomes and expenses. If you move out and your expenses increase, you may be obligated to pay more in child support and alimony.
Emotional Considerations
Moving out of the family home can be emotionally challenging. You are leaving your home, your memories, and your life behind. You will need to consider how the move will impact you and your family emotionally.
Children
If you have children, moving out can be particularly difficult. They may not understand why their parents are separating or why one parent is leaving the family home. You will need to help them adjust and make the transition as smooth as possible.
Spouse
If you choose to move out, it could be perceived as giving up on your marriage, which can be emotionally challenging for both you and your spouse. You will need to consider the impact this will have on your spouse and how you can work together to make the transition smoother.
Support System
When you move out, you may be leaving your support system behind. You will need to consider how you will cope emotionally and who you will turn to for support.
Conclusion
Moving out of the family home during a divorce in Georgia is a big decision that should not be taken lightly. You will need to consider the impact it will have on your legal rights, finances, and emotions. If you have children, you will need to consider their well-being and how the move will impact them. Ultimately, the decision to move out is a personal one, and you should only do so after careful consideration and with the help of your attorney.