Moving out of the marital home during a divorce case is a big mistake. For any number of reasons, parents often leave the martial residence during a divorce. Let’s explore Why Moving Out is a Big Mistake That Can Hurt Your Divorce Case in Albuquerque, New Mexico
You Are Not Legally Required to Move Out of the House in Albuquerque, New Mexico
You may be wondering, “Can my husband/wife force me out of our home during divorce.”
Answer: “No.”
A common divorce misconception is that one party is required to leave the home once the divorce process begins. This misconception is false. You have no obligation to leave the home, if your name is on the lease or mortgage. In fact, moving out of the martial residence can be a big mistake that hurts your divorce case.
There are two common ways that your spouse could force you out of the home.
Restraining Orders that Force One Side to Leave the Home in New Mexico
Your spouse may request a restraining order (order of protection) to force you out of the home in New Mexico. Your spouse could file a petition for order of protection alleging that an act of abuse occurred. The court tends to error on the side of caution and generally will enter a temporary order of protection. This temporary order will likely force one party out of the home until a hearing can be held.
Do not give your spouse any reason to file a bogus petition for order of protection. If you are going through a divorce case, DO NOT:
- Harass your spouse in any way;
- Send your spouse insulting text messages;
- Threaten self-harm or harm to others;
- Break personal property;
- Self-medicate or driving while under the influence; or
- Touch your spouse in a rude or offensive way.
Any of these actions could result in a petition for order of protection being filed. The petition could lead to a temporary order being entered that forces you out of the home until a hearing is held. This temporary order can create a momentum that is hard to break.
Filing a Motion for Exclusive Use of the Martial Residence in Albuquerque, NM
While a divorce is pending, either party can file a motion that requests exclusive use of the marital residence in Albuquerque, NM. The stated reason for the motion is generally marital discord that makes living together impractical, or downright impossible.
Consider the Child Custody Concerns of Leaving the Home
Do you have children? If so, then moving out while a divorce is pending is a bad idea. By packing your bags it could be argued that you have abandoned the children. Even when abandonment is not claimed, packing your bags could box you into a bad time-sharing arrangement that develops momentum and haunts your future time-sharing.
Five Ways that Moving Out of the Home Hurts Your Custody Case
1. You Are On the Outside Looking In
The parent that moves out of the marital home tends to be the parent on the outside looking in. You don’t want to be the outsider in a child custody case. One of your primary goals in a child custody case is to demonstrate your relationship, bonding, and history with the child.
The parent that leaves the home tends to get boxed into a bad time-sharing arrangement. Often the parent leaving the house agrees to minimal time-sharing. Possibly the parent will agree to every-other weekend parental visitation. Over time this time-sharing becomes the “status quo” that heavily influences the family court when parents time-sharing is contested.
2. The Toys Stay When You Leave
Often a child’s toys remain in the martial home when one parent leaves the house. If parents time-sharing becomes contested, you may find yourself in a position where you’re competing with your child’s toys, video games, and possessions. Don’t set yourself up for failure by leaving the home.
3. Neighborhood Friends Remain with the Home
Friends play a starring role in a child’s life. Children generally want to be near their rooms, toys, and friends.
Have you stopped to think about your child’s neighborhood friends? Have you thought about the impact that your child’s friends have on their preferences, habits, and personality? Your child’s friends stay behind when you leave the home. You don’t want to find yourself in a child custody case where your child’s desires are influenced by neighborhood friends.
4. Space issues
The spouse that leaves the home typically finds temporary housing with a short term lease. Possibly the person leaving the home lives in an apartment complex until the ideal home is found. This temporary housing often creates temporary space issues.
Is your new apartment the same size as your house? Does your child have their own room? Is the household pet remaining in the home? Space issues are commonly raised in custody disputes. This is especially true when a child is accustomed to their own room, or when the temporary housing brings roommates.
Small spaces also creates issues with meals, snacks, and extracurricular activities. These issues can affect a child’s desires regarding parents time-sharing.
5. Children Tend to Go with the Least Resistance
We all resist change, and children are no different. Children tend to go with the least resistance and gravitate towards familiarity. A child tends to gravitate towards the toys, pets, and friends that remain in or near the home.
Why Moving Out is a Big Divorce Mistake in New Mexico
Sometimes Moving Out of the Marital Home is the Only Option
Divorce isn’t pretty. Sometimes divorce can get ugly and abusive. Packing up and leaving the marital home can be the only option when abuse is present or boiling below the surface. Abuse during divorce case often leads to an order of protection being requested or granted.
When granted, an order of protection that involves children can create a temporary time-sharing order that is hard to change. Even though leaving the home is a bad idea — staying in an abusive environment is even worse.
Who Gets to Stay in the House During Separation in New Mexico?
Provided that your name is on the home’s lease or mortgage, both spouses have the same rights to remain in the home in New Mexico. When conflict makes living in the home impossible, either party may file a motion that requests exclusive use of the marital home.
Does Moving Out Affect Divorce in Albuquerque, New Mexico?
Moving out largely affects one’s child custody case within a divorce, for the reasons outlined above. Moving out can also create additional community expenses, which can impact interim support while a divorce case is pending.
Who Has to Leave the House in a Divorce?
No one is required to leave the home during the divorce. When living together during a divorce is not practical, either party can file a motion that requests exclusive use of the home. When abuse occurs, a temporary restraining order can force one party out of the home. Otherwise, both sides have equal rights to remain in the martial home.
(505) SANCHEZ HELPS YOU UNDERSTAND WHY MOVING OUT IS A BIG MISTAKE THAT CAN HURT YOUR DIVORCE CASE IN ALBUQUERQUE, NEW MEXICO
Are you going through a divorce case in Albuquerque, New Mexico and wondering Why Moving Out is a Big Mistake That Can Hurt Your Divorce Case in Albuquerque, New Mexico? Matthew Legan Sanchez is part of a legal team that can develop a winning divorce strategy for your child custody case in Bernalillo, Sandoval, Santa Fe, or Valencia Counties in New Mexico. For more information on divorce and family law in New Mexico call (505) SANCHEZ.
Moving Out is a Big Divorce Mistake in New Mexico
