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  • Writer's pictureSummers Family Law

Leaving the Marital Home: What You Need to Know

Updated: Dec 15, 2023

Divorce is a challenging process, and deciding whether to leave the marital home can be a difficult decision. In Massachusetts, leaving the marital home during a divorce can have implications on the division of assets and child custody arrangements


Before making any decisions, it's essential to understand the potential consequences and consult a divorce lawyer to weigh your options.


Setting Precedents for Home Occupancy and Child Custody


Leaving the marital home can set precedents for home occupancy and child custody. If you move out, the court may consider this when determining who gets the house in the divorce. Additionally, leaving the marital home can impact child custody arrangements. If you have been or are currently involved in litigation over custody or parenting time rights for your children, you should not simply pack up and leave.


Weighing the Consequences


While moving out of the marital home may improve your mental health, it's crucial to consider the potential consequences on your financial interests and parenting arrangements. Leaving the home without proper planning could hurt you in terms of property division, parenting time, and other issues.


Consult a Divorce Lawyer


Before making any decisions about leaving the marital home, consult a divorce lawyer to understand your rights and make an informed decision about whether leaving the marital home makes sense in your situation. A divorce lawyer can help you navigate the complexities of property division, child custody, and other aspects of divorce.


In conclusion, leaving the marital home during a divorce can have significant implications on home occupancy and child custody arrangements. It's essential to consider the potential consequences and consult a divorce lawyer to make an informed decision. By understanding your rights and weighing your options, you can make the best choice for your situation.


Disclaimer: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.

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