What To Do If Your Wife Moves Out Before Divorce

This article is going over what to do if your wife moves out before divorce.

It’s covering the consequences of a wife moving out before divorce.

And some reasons it’s recommended that she moves out before divorce is final.

Let’s dig in.

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Wife Moves Out Before Divorce

We hear a lot of concerns when a wife moves out before divorce.

These usually include:

will you lose your legal right to the marital home
will you lose custody of your children
can your spouse steal or sell your possessions
can you afford it
do you have to stay if you’re getting abused

We’re covering all of these topics below.

And how they affect a wife moving out before divorce is final.

Can I Move Out Of State With My Child Before Divorce

You cannot move out of state with your child before divorce.

The UCCJEA prevents parents from moving out of state with children before the divorce.

The Home State Rule says that custody decisions must be made in the child’s home state.

Moving out of state with your child before divorce could get considered parental kidnapping.

Should I Move Out Of The House Before Divorce

If you can stomach it, you should not move out of the house before divorce.

Some reasons you should not move out of the house before divorce are that the judge may:

let your husband have first dibs at staying in the house
want to keep the children living in the marital home
give your husband custodial custody
reduce the amount of money your husband owes you (for not paying marital bills)

These are the main reasons to reconsider moving out before divorce is final.

Moving Out Before Divorce Is Final

Let’s elaborate on the repercussions of moving out before divorce is final.

The judge may give your husband first dibs at staying in the marital home.

The judge does not want to mess up the “status quo.”

When a wife moves out before divorce, the husband can buy her out of the house.

Let’s say the house could get sold for $30,000 profit.

If he stays in the house, he can buy you out for $15,000 and stay in the home.

If he doesn’t want to stay in the home, then you can buy him out.

But he gets the first dibs at this decision.

Related: How Long Does A Divorce Take

The judge wants to keep the kids in the marital home.

They do not want the children’s lives uprooted.

So, whoever gets to stay in the marital home will most likely get custodial custody.

The children live with the custodial parent.

And they visit the non-custodial parent.

When a wife moves out before divorce, she has to pay her own housing expenses.

But she still owes her half of the marital property’s bills.

These include taxes, insurance, and mortgage.

Let’s say she does not pay those marital property bills during the divorce.

And that her half of those bills added up to $5,000.

Let’s also say the money that the couple is splitting in divorce is $20,000.

For an even, 50/50 split, they would each get $10,000.

But if the wife didn’t pay her $5,000, the husband would get to keep that $5,000.

Meaning, he would get $15,000 and the wife would get $5,000.

Reasons It's Recommended The Wife Moves Out Before Divorce

There are only a few reasons that we recommend that a wife moves out before divorce.

Speak with your divorce lawyer first.

When a wife moves out before divorce, it could get perceived as:

spousal abandonment
parental kidnapping (if she takes the kids)

Domestic Violence

Domestic violence is a great reason to be moving out before divorce is final.

When you are moving out for domestic violence, you need a restraining order.

This will protect you and your children from a violent spouse.

Yes, there is still a chance that the husband will violate this restraining order.

But, if he does, he will get held in contempt.

The judge will place him in jail to protect you.

This will encourage him to leave you alone, which protects you.

Because he faces fines, jail time, and a felony for violating restraining orders.

Related: How to Leave Your Husband

You're In Danger

You being in danger is not only physical harm from your husband.

Danger could be anything, like:

other relatives in, or visiting, the home
a bad neighborhood
your husband’s friends
substance abuse is happening

Your safety is a priority and judges do take this into consideration.

Related: I Want To Leave My Husband

Your Children (A Negative Environment)

When you’re going through a divorce, the environment for the kids is terrible.

You should take into consideration what effect the divorce has on the kids.

For their sake, it might be a good idea to move out.

You should come up with a parenting plan for the children.

And make sure that the place you’re moving to:

is safe for the kids
has places for the kids to sleep
is in their school zone
is close to their church if they have one
is close to their friends
is close to their extracurricular activities

A wife moving out before divorce needs to consider these things for the kids.

Following these guidelines reduces the chances of a father getting more custody.

This is because the judges do not want to disrupt the child’s life.

Why It's Not Recommended That The Wife Moves Out Before Divorce

Here are some reasons that a wife moves out before divorce is a bad idea.

Giving Up Claim To Marital Home

We always hear this fear if a wife moves out before divorce.

They are afraid that they will give up their rights to the marital home.

If a wife moves out before divorce, she does not give up her rights to the marital home.

There are some things that need to get taken into consideration, though.

Judges like to maintain the “status quo.”

So, let’s say the wife moves out before divorce.

The judge is not very likely to force the husband to move out of the marital home.

So, the options end up being:

the husband remains in the home and buys the wife out
the husband sells the home and splits the profits with the wife
the husband wants to move and lets the wife move into the marital home

Whoever stays in the marital home will have to buy out the other spouse.

Your Children

When a wife moves out before divorce, this puts her in a bad spot.

A judge will make custody decisions in the best interest of the child.

Usually, this means they want to keep the child in the family home.

When a wife moves out before divorce, she no longer lives in the marital home.

This means the father’s chance of getting custody is higher.

When you are filing for divorce and move out, you are going to see your kids less.

That’s just the nature of going through a separation.

Let’s say that you only see your kids on weekends because of work and the divorce.

The judge is likely to keep this custody schedule.

When a wife moves out before divorce, it can backfire with custody.

Related: Custody Battle For Fathers

Finances

When a wife moves out before divorce, finances can be difficult for her.

You will have to spend money on housing.

Unless you’re able to live with family temporarily.

But moving out of the marital home doesn’t mean you get to ditch the bills.

During the divorce, you still have to help with marital bills.

This means that even if you get a new place, you still need to help with the bills.

Meaning you’ll be paying for your new place and helping pay for your old one.

And if you don’t pay for it now, you will later.

The judge will deduct this amount out of what your husband owes you from marital funds.

Related: The Cost Of Divorce