Law Office of Allyson B. Goldscher

Call Today | 410-602-9522

Baltimore Divorce Lawyers Discuss Leaving the Marital Home Before the Divorce is Finalized

Posted on

Divorcing couples often struggle with deciding when is the appropriate time for one spouse to leave the marital residence. There are a number of reasons that both parties may want to remain in the home while waiting for the divorce to be finalized, including financial reasons, proximity to work or school, not wanting to leave the kids, hope for reconciliation, or even spite. Often, despite the couple’s best efforts to maintain a level of peace and normalcy, the living arrangement eventually becomes intolerable and one party will desire the other to leave. However, simply changing the locks while the other is at work is not a sufficient method for forcing a spouse to move out.  Instead, the situation may call for the assistance of a qualified Baltimore divorce lawyer.

Before a divorce is finalized, one spouse may not force the other out without a court order granting one party exclusive possession of the marital residence. Even then, there must be just cause. Generally, the court will consider the physical and emotional well being of all those residing in the home, especially that of the couple’s children. The court will also look at the financial ability of both spouses to live independently of each other. If the court determines that it is in the best interest for all involved that one parent should leave, then the other spouse will be granted temporary exclusive possession of the marital residence.

In some cases, one spouse will want to remain in the marital home for fear that leaving would have a negative effect on his or her future claims to the property, financial assets, or on child custody or support decisions. In general, one spouses’ decision to leave the home will have no bearing on final property rights or distribution of assets. However, when children are involved, it is recommended that a formal parenting agreement be drafted and signed off on by both parties before one parent leaves the home for good. The agreement should include details about custody, parenting responsibilities and financial support of the children.

Baltimore Divorce Lawyers at the Law Offices of Allyson B. Goldscher, LLC Assist Families Transitioning Through Divorce

Our Baltimore divorce lawyers have extensive experience helping individuals navigate the complex details of their divorce. If you are considering a divorce or separation in Maryland, our compassionate and understanding team of legal professionals at the Law Offices of Allyson B. Goldscher, LLC are here to guide and support you. To schedule an initial consultation, call 410-602-9522 today or contact us online.