How Soon Can I Move Out After Asking for a Divorce in Atlanta?
After asking for a divorce in Atlanta, you might want to put as much distance between you and your ex as humanly possible. Leaving the family home might be a positive decision during this period of emotional turbulence, and it can give you some much-needed breathing space. But is it really the right decision? How soon can you leave? What are the legal implications of abandoning the family home? These are questions you might want to ask an experienced divorce lawyer in Atlanta.
You Are Free to Leave at Any Point
First, it is important to remember that you have free will in this scenario. If you feel that your mental health would substantially benefit from moving out, you might want to move ahead with your plan – regardless of the legal implications. You should also consider leaving if you don’t feel physically safe in your own home. There is no law that requires you to stay in the family home, and you don’t need to get divorced before moving out.
Understand the Legal Implications
That said, you should at least become aware of the potential legal implications before moving out of your family home. If you leave your children behind in the family home, the court may look upon your actions with distaste. You may find it more challenging to pursue positive outcomes during a subsequent custody battle, as the court may feel that you “abandoned” your children.
Note that if you do not feel safe in your own home, you could theoretically obtain a restraining order against your ex and force them to leave instead. If you have a legitimate reason to fear for your safety, your ex might be required to pay you temporary support as a result of his or her absence in the home. This should allow you to cover childcare and living expenses until your divorce becomes final.
Leaving the family home may also make it more challenging to retain ownership of the family home. If you purchased the property during marriage, it is likely “marital property.” As a result, it is subject to the equitable distribution statute of Georgia. When determining who should get this property, the family court may consider who needs the house more, and who has displayed a greater interest in staying in the residence. More importantly, they will consider whether your ex remained in the home with your children, and whether it serves your children’s best interests to remain in the property.
Can a Divorce Lawyer in Atlanta Help Me?
A divorce lawyer in Atlanta may be able to help you address difficult questions like whether to leave the family home. During a consultation with one of these legal professionals, you can ask questions and receive targeted guidance. Consider speaking with Kaye, Lembeck, Hitt & French to learn more about your potential next steps.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
childwelfare.gov/resources/determining-best-interests-child-florida/
