Should I Move Out During My New York Divorce Proceedings?
You may think if you move out of your family home, you will ease some of the emotional distress you and your spouse will experience during your divorce proceedings. However, if your child custody settlement is something that you hope lands in your favor, you may want to think twice about doing this. Continue reading to understand the pros and cons of remaining in your family home and how an experienced Long Island divorce attorney at The Pollack Law Firm can help you assess your situation.
Can my spouse force me to move out during my divorce proceedings in New York state?
By New York law, your spouse does not have the right to force you to move out of your family home during your divorce proceedings. The New York courts consider all properties acquired during a marriage as jointly owned, so you and your spouse have an equal right to reside in your family home until the marriage is dissolved.
However, there are certain circumstances in which you can force your spouse to move out. For one, if you are a victim of domestic violence, you can file for protection and a judge can issue a restraining order to remove your spouse from your residence. Also, if you can provide sufficient evidence that your spouse’s move would be in the best interest of your child, they may grant your request to remove your spouse from your residence.
Why should I not move out of my family home during my divorce proceedings?
As insinuated above, moving out of your family home can negatively impact your child custody settlement agreement. This is because the New York court may prefer the parent who stays in the family home to have custody over the child. And if your new residence is proven to be an unsuitable environment to raise your child, even if it is just a temporary stay, this does not help your argument either. Nevertheless, to prove that you are continuing to care for your child, it may be in your best interest to remain at your residence.
However, if you are not amicable with your spouse and you would like to move with your child, you can have your spouse sign an agreement consenting to the move. If they will not agree to this, you can ask the court to order temporary physical custody of your child.
If you are still unsure of which direction to take, consult with a skilled Nassau County divorce attorney today.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.