While Your Divorce Is Pending, Should You Live Together Or Apart?

Either you or your spouse has filed for a divorce, one of the next decisions you might face is whether to continue living together or should you live separately.  Here are some of the issues to consider when making that decision.

Is there domestic violence?  If the answer is yes, then the Court may issue an Order of Protection which might force someone in leaving the residence. Yet, in some situations, even where there is domestic violence, it might not be possible to get an Order of Protection. In those situations, it might be a wise move to remove yourself from the residence.

Is there acrimony? There are many situations, where there is no domestic violence, but, the level of acrimony, hatred or just not being able to get along is very high. The emotional toll of having to live together, might not be worth it, so this is also a situation where you should seriously consider vacating the marital residence.

If the answer is yes, then the Court may issue an Order of Protection which might force someone in leaving the residence.  Yet, in some situations, even where there is domestic violence, it might not be possible to get an Order of Protection.  In those situations, it might be a wise move to remove yourself from the residence.

Is it clear that after the divorce, one person is going to stay at the residence, while the other person moves out? In your divorce, you might know which person is going to remain at the residence.  If you know who is going to stay and who is going to relocate, it might make sense to make that move sooner versus later.

Can you financially afford to move out now?  It is almost always true that it costs more to live separately than together. Yet, if you can financially afford to move out now, then it is something to consider.

When considering whether to move out now or later, these are just some of the things to consider.  David Badanes, Esq. and the Badanes Law Office, P.C. have helped countless clients in their divorce.

Contact David Badanes or the Badanes Law Office at 631-239-1702 or email us at david@dbnylaw.com.  The Badanes Law Office has offices in Suffolk County (Northport) and Nassau County (Uniondale).

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