You and your spouse sometimes have some pretty heated arguments, and your marriage has definitely soured. Just the same, you probably didn’t expect your spouse to suddenly order you out of the house after your last fight.
Should you go? Ultimately, only you can make that decision, but there are a few things you need to consider before you agree to leave the marital home. For example:
Your spouse could gain an advantage in a custody case
If you leave, the odds are high that you’ll be going alone. It can be hard to find (or finance) someplace big enough for you and your children on short notice. Leaving your kids behind could open you to charges that you abandoned the family or make it appear as if you’re an uninvolved parent. Even if it’s not true, the allegations could be expensive to fight.
At the very least, it gives your spouse an opportunity to ask the judge for primary physical custody on the basis that they’re already taking care of the children full time and that the children are content. Judges are susceptible to arguments that maintain the “status quo” for the kids.
You may have to continue paying your spouse’s living expenses
Depending upon your situation and your spouse’s legal maneuvering, you could end up on the hook for all of the household expenses (even though you aren’t part of the household any longer). While that’s unlikely to continue forever, your divorce could be pending for months or years. That could become quite a financial burden on you.
You may also leave important documents behind. Unless you’re thinking very clearly, you may not remember to take everything that you may need as your divorce moves forward. Some of those documents may conveniently “disappear” while you are gone.
Unless you’re ordered out of the home through a temporary restraining order, your spouse probably cannot make you leave the marital home. Before you agree to their demand, you may want to talk to a divorce attorney.