Will I lose my house if I move out during a divorce?

No, moving out of the house does not mean that you will lose your shared interest in the marital home. Often times it may be necessary to leave the home due to conflict, domestic abuse, or to obtain more space during a divorce. The court will look at many factors when ultimately dividing the marital property and the marital house is usually the most important asset to divide.

Sometimes both parties choose to leave the house and to divide the proceeds from the sale of the house. An experienced family law attorney can go over your options with you and advise the best course of action for your self-interests. Protecting your property rights is of utmost importance to our lawyers.

Will the court consider my move as abandoning my children?

No, there are many families that separate before or during the divorce process. Moving out of the marital house does not mean you have abandoned your children. There are also times when it is necessary for a parent to leave for the parent or the children’s safety due to conflict or domestic violence in the home.

Once your divorce action is filed, however, you should request a Temporary Orders hearing in order to ask the Court to set a schedule for placement time with your children. You do not want to go for a substantial period of time without seeing them as it is not in their best interests and does not help you with respect to determining placement of the children in your case.

How do I move out of state with kids of my previous marriage?

If you intend to relocate with your child over 100 miles away from the other parent, you will need permission from the court. Wisconsin law sets forth a very specific procedure in order to remove a child from the state.

An attorney can help you file a relocation plan, which gives the court information on where you are moving and what the new placement plan will be for your child. A hearing will take place. You should not move until you have reached an agreement with the child’s other parent or until you are granted permission from the court. The court will look at the best interest of the child in determining whether or not to grant the motion to relocate.

If your ex-spouse is the one planning to move out of state with your child, you can file an objection to the relocation. The court must receive your objection at least 5 days before the hearing for it to be acknowledged.

Contact the family law lawyers at Divergent Law today for legal advice & assistance with your divorce.