Divorce itself is a damaging and emotionally draining experience. On top of that, there is legal stuff one has to deal with. Then, among the storm of emotions, there is the question if you should move out or not. Well, it might not be a good idea. While your ego or ex-partner may force you to move out, we tell you to think before doing so.
Let us enlighten you on why moving out is the biggest mistake in a divorce. In addition to that, if you want to move with a legal separation in Saskatchewan, you probably need to lawyer’s help.
To Stay or Not to Stay That Is the Question
After the most challenging decision of separation comes another- to stay or to move out. The place you call home, once your heaven, may not seem so heavenly after all. The ego and the anger tell you to move out from all this. Sometimes, your partner may force you to leave everything behind.
This is when most of the people go wrong. They make an impulsive decision and make another mistake. The mistake, they realize later, is mostly related to their child.
Why Moving Out Is the Biggest Mistake in A Divorce?
When you leave your home and partner behind before finalizing the divorce- it can occur under the crime of abandonment. In addition, your spouse’s lawyer can use it against you in court.
The abandonment of a family home is a fault in civil law. It is a violation of the obligation of a community of life that arises from marriage.
Your spouse could use this fault to seek, on the one hand, a divorce for fault of your exclusive wrongs and, on the other hand, for damages.
During the proceedings, this can work against you regarding the allocation of family accommodation and the children’s residence.
In fact, first of all, the court can decide to allocate family accommodation to the spouse who has stayed in the home.
Secondly, it can have an impact on the fixing of the residence of the children. Indeed, in the context of a divorce, the court will have to rule on the children’s living arrangements such as:
- Parental Authority
- Children’s Residence
- Visitation Rights and Accommodation
- Contribution to the Maintenance and Education of Children
The judge could potentially decide to go in favor of the parent who stayed at home. And the result might go against you as you are the one who abandoned the family.
What Is the Best Thing to Do?
The best thing to do is to stay at the marital house. It will help you financially and in custody proceedings. There may come times when you feel like leaving home is the best option. But experts say it is not.
During a divorce, try to stay where you are. Agree with your spouse. Separate bedroom; eat separately but stay together, at least, until the court has something to say. Even you can make a pact for the children’s sake. Take your attorney’s advice before doing something.
When Is It Best to Move Out?
It all depends on the well-being of the spouses. If you don’t feel safe and comfortable, you have every right to leave. Especially in the case of domestic violence, you must leave to protect yourself. If you feel your children are not safe either, you can take them away with you. This will help you get temporary custody of the children.
Before leaving the house, there are some precautions you can take. Otherwise, in court, you can have unnecessary accusations, and the case may go against you.
What Precautions Should Be Taken Before Leaving the House?
The home is where the family lives. Thus, this abandonment must be justified by serious reasons. In case of such situations, where violence, physical, or any other form is involved, you need to take precautions.
In the event of domestic violence, you must take several steps to protect yourself:
- You must consult a doctor so that he can issue you a certificate indicating the injuries he has observed.
- You must file a complaint with the police station.
- You must apply to the court, either:
- To pronounce urgent matters and in particular to leave the home
- Or to authorize the spouses to live separately.
If you need to leave home temporarily, you need to inform the spouse beforehand.
It is recommended to leave a report at the police station to certify the date of departure.
Final Word
It is not possible to describe why moving out is the biggest mistake in a divorce in few words. The consequences are far-reaching. But, it is one of the most common mistakes spouses make amid the divorce situation. So, be smart and research and get information on legal separation in Saskatchewan. Then, find out what the lawyers say and follow their advice.
