Steps to Take Before Moving Out of Your Family Home During a Divorce in North Carolina

If you plan to move out of the family home during a divorce in North Carolina, you may be dealing with various emotions. Perhaps you cannot bear to live with your ex after heated arguments or other misconduct. Maybe your ex is pressuring you to leave. Whatever the case may be, it’s worth pausing for a moment before you leave. You may not have an opportunity to return once you leave, and there are certain steps you might want to take beforehand. Ideally, you should discuss these potential steps with an experienced lawyer before moving out.

Before you move out, you should understand the potential consequences and determine whether this step is actually necessary. Ideally, you should speak with a lawyer before packing your bags and leaving.

First, consider the implications of moving out. If you leave, it could be difficult to spend much time with your kids. If they remain in your family home with your ex, the family court may feel that this is a “stable environment” worth preserving. Not only does this mean that the children will likely stay with your ex, but also that you may find it difficult to walk away from your marriage with ownership of the family home.

Generally speaking, the family court considers whether the parents have the ability to “maintain” the family home when approaching child custody decisions. If the court determines that you are financially capable of maintaining the family home without selling it, it may order you to do so. This is true even if you do not live in the family home, as the court may feel that the children deserve a stable, familiar environment.

If you want to move out of the family home because you feel threatened or you’re experiencing legitimate harm or abuse, you have the right to stay. Instead of living, you could file for a protective order against your ex and force them to leave instead.

Your protective order may also force your ex to continue paying your mortgage and other expenses (such as utilities), allowing you to live in your home for the time being. Although you may eventually have to leave the family home when the divorce concludes, you may be able to remain in a comfortable, stable environment until that time comes.

Another important step to take before leaving the family home is to create an inventory of all of your valuables. This might include jewelry, precious metals, cash, collectibles, fine art, designer clothing/handbags, vintage vehicles, and so on. An inventory allows you to keep track of these items in case they mysteriously “go missing” while you’re gone. Some spouses might take the opportunity to sell or hide these items if their exes move out, and this is an example of “asset concealment.”

The creation of an inventory might be particularly important for high-net-worth spouses. These individuals might have homes filled with extremely high-value items that could easily go missing or become lost.

When creating your inventory, consider taking a photograph of each item and jotting down its estimated value. If an item goes missing, you can show your inventory to the family court and prove that the item actually existed in the first place. Your ex will then have to explain why or how the item went missing, and this could help expose their misconduct.

Before you move out, you might want to spend a few days or even weeks searching for a suitable place to live. Even though you might want to get out of that difficult environment as soon as possible, it makes sense to choose carefully when relocating. The last thing you want to do is move again in a few days.

When choosing a new location, consider selecting a place that is somewhat close to your old home if you have children. If you choose a new place that is too far away, you might struggle to spend much time with your children because of the stress of long travel times. In contrast, a closer location might result in more parenting time.

If you plan to move out of the family home, you might want to speak with a North Carolina family law attorney beforehand. These legal professionals can help assess your unique situation and make your relocation as seamless as possible. If you do this right, you shouldn’t experience any major consequences as you find a new place to live during your divorce. Consider contacting Arnold & Smith, PLLC, today for further guidance and assistance.