When you and your spouse decide to end your marriage, your first inclination may be to find a new place to live as quickly as possible. However, before you start packing your bags, you should know why moving out is the biggest mistake in a divorce case.

It’s understandable to want to leave the fighting and stress of living with your soon-to-be-ex behind. However, the court may not take a very kind view of your leaving the marital home, regardless of the state of your relationship. Even when the split is amicable and you’re seeking an online divorce in New York, you can come up against issues with property division, child custody, and more if you move out.

Don’t Call the Moving Truck Yet

Sometimes, leaving is the only option when domestic violence, drug and alcohol abuse, or other dangers are present. Safety is always the first concern. If you are in danger, get yourself and your children to a safe place as soon as possible.

In other cases, when reconciliation isn’t possible, think twice before moving out, or prepare to contend with some sticky issues:

Who Will Get Custody of the Children?

One of the biggest reasons moving out is a major error in a divorce is that it can affect child custody arrangements and keep you from spending time with your kids.

If your children spend most of their time with the other parent because you moved out, the court may favor that parent when they determine parenting arrangements. The same is true if you can’t provide adequate accommodations for your kids; for example, you’re staying with a friend or at a hotel.

How Will the Court Handle the Division of Property?

Another reason why moving out is the biggest mistake in a divorce is the impact it can have on property division. Although the law typically requires an equitable division of assets in a divorce, including the marital home, if you leave without an agreement, the court might deem you responsible for covering a portion of the household expenses, including the mortgage.

The financial implications of this can be devastating, as it means that even after your divorce, you’ll have to pay expenses for maintaining two households.

Will You Maintain Access to Paperwork and Your Belongings?

Moving out of your marital home could mean leaving behind vital documents you’ll need during the case, like financial records, insurance policies, and other personal documents. You may be able to get copies of the paperwork, but moving out without getting your affairs in order will make things exponentially more difficult.

Get Legal Advice Before Moving Out 

Divorce is never easy, and even when you make decisions thinking that they’re the best for everyone, they can inadvertently make things harder. If you have questions about why moving out is the biggest mistake in a divorce, or want to explore your options for legal separation before divorce, get in touch with The Divorce Center.