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Vacating the marital home may negatively affect divorce issues

Moving out of a Gig Harbor, Washington marital residence previous to a divorce agreement can be a costly mistake for a divorcing spouse. But if a spouse is unfamiliar with divorce issues, can this mistake be avoided? Some residents have experience in the divorce process after living through the divorce of their parents. Some have experienced divorce firsthand and can certainly relate that the legal process is quite challenging. Issues concerning children, property division and spousal support can turn a case into a contentious one in short order. Still, the outcome depends on how the spouses handle their divorce.

Men are often the first to move out of the marital home, which could be a costly mistake that can greatly affect child custody issues. Whatever the reason behind the divorce, spouses should avoid moving out of the marital home, especially if their names are on the deed or the mortgage. If they decided to move, the other spouse may convince the court that the moved-out spouse has no interest in child care because he or she abandoned the family before the divorce papers were served.

Moving out of the marital home can also leave a spouse without access to important documentation, such as financial statements, bank accounts, tax filings and retirement accounts. Access to these documents will provide a better understand of the family's finances, which is useful in property division.

In summary, spouses should consider not leave the marital home until the best possible custody and financial agreements are legally decided. Every case is different, of course, so those considering divorce may wish to speak with an attorney about their options. Doing so may also help them fully understand their rights, enabling them to make sound decisions when it comes to finances and other divorce-related issues.

Source: The Huffington Post, "Why moving out is the biggest mistake in a divorce," Joseph E. Cordell, June 19, 2014

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