Divorce and moving out of the house, an option that should be given careful thought since making a big decision can complicate ones life during a divorce. Let the court decide who needs to move out and what will happen with the home. Sometimes one spouse will offer to move out but wants his part of the equity in the home. The partner who remains in the home may have to put it up for sale in order to pay the other partner unless she can refinance, thus adding the amount of his equity onto the mortgage. Get some legal advice before divorce and moving out of the house. Leaving the home before the court date might have a detrimental effect on the outcome. Couples will want to communicate in a responsible manner to find a way to share the residence. If there is too much disagreeing then another solution may be necessary but get some legal advice before making a move. From whence come wars and fightings among you? Come they not hence, even of your lusts that war in your members (James 4:1)?
A home is usually the largest asset that a couple will have when getting divorced. At the time the issue goes to court the couple will need to decide who stays in the home. If this issue is not resolved then the judge will most likely give the primary caregiver the option of remaining in the home especially when there are children involved. The best way to handle this big decision when there is a divorce and moving out of the house issue is for the two adults to sit down and come to an agreement. If this is not possible then they will have to let the court decide the matter. A family law attorney can give the couple advice about all reasonable options. If conflicts between the two are not able to be agreed upon then the judge ruling the case will make the decision in the best interest for the children.
When there are children involved, the partners should consider their needs first. A couple will have to think about the children's educational needs. Divorce and moving out of the house is hard enough for kids to deal with but having to move and change schools will make the situation much more difficult. There is a good way to solve this problem. Allow the primary caregiver to remain in the home with the kids and do not sell the home until each one has graduated. After that, the residence can go up for sell and the proceeds of the sale can be split between the two adults.
Before a decision can be made on divorce and moving out of the house the adults need to figure out if each one can afford half of the mortgage payments until the kids leave home. The partner who moves out will be responsible for finding a place to live. This means that he will be making two house payments if so ordered by the court. Of course, buying another residence may not be an option until the home is finally sold. So, he will probably have to rent a small apartment in order to make ends meet. Buying too soon may affect ones credit rating unless income has increased and ones debt to income ratio percentage is satisfactory.
In some situations because of financial problems the couple may have to continue living together. This option associated with divorce and moving out of the house provides some perks. Both parents can be close to the children. They can share caregiving responsibilities so that one person does not have all of it. Couples might seriously consider this option when there are money issues. So, they must decide how to share the residence and how long they need to do so. If the situation is too uncomfortable then a couple might want to do it just long enough to sell the residence.
An adult that is getting a divorce and moving out of the house may continue to be on the mortgage but is not responsible for helping with the mortgage. One thing to consider is the possibility of your credit being affected if the other partner does not pay the mortgage payments on time. Also, if the loan still carries a big balance then you may have difficulty buying another home. The best way to tackle these types of issues is by seeking advice from a family law attorney. Find out how much the house is worth, get it appraised, or drive around the neighborhood. Find residences that are similar which are up for sell. Look up their listings, see what the value is or call the real estate company handling the sells.
A divorce lien might enable a partner who is getting a divorce and moving out of the house to have another option. The spouse who is remaining in the home gives a promissory note to the spouse who is leaving. This would enable one to receive the equity in the home. The spouse who is staying is making a promise to the one who is leaving that he will be compensated for his equity sometime in the future. A lien is a workable solution if there is enough equity in the house. The spouse who continues living in the residence may want to work out an agreement to make cash payments to the partner who is leaving. The lien will state when these payments are due. The lien will also state how much is due. More information about a divorce lien can be found by doing a search online.
Divorce And Moving Out Of StateTroubled couples considering divorce and moving out of state should check with the other state's residency laws before relocating. In most cases, states require a time period for establishing residency before filing for divorce. Making a move also involves other considerations: child custody; modification to a final decree; alimony; child support payments; or non-custodial parental visitation rights. While relocating might seem like an attractive option, especially to put some distance between ex-spouses, a long distance move requires considerable forethought. The best decision for parents with minor children might be to complete filing procedures in the state of residence before attempting to make a fresh start in a new location. "Better is the end of a thing than the beginning thereof: and the patient in spirit is better than the proud in spirit" (Ecclesiastes 7:8).
Former spouses required to pay alimony might be concerned about where an ex-spouse lives, mainly because regardless of a decision to divorce and moving out of state, the bills must still be paid. The court has already placed that burden on the obligor. The cost of living in another state might necessitate a modification in alimony payments, as the recipient may require more expensive housing, food, clothing or transportation. An increase in alimony might present a problem, especially for the obligor who may have other financial obligations, especially if they have remarried or must support another family. Ex-spouses should, therefore, take time to discuss and weigh the effect of relocating before over-taxing and overwhelming a former mate. Even during the breakup of a marriage, dealing fairly with a former mate demonstrates the love of Jesus Christ, making the situation more palatable for all concerned. "Charity suffereth long, and is kind; charity envieth not; charity vaunteth not itself, is not puffed up, Doth not behave itself unseemly, seeketh not her own, is not easily provoked, thinketh no evil; Rejoiceth not in iniquity, but rejoiceth in the truth;" (I Corinthians 13:4-6).
Child custody or child support cases will also be affected by divorce and moving out of state. While payments can be transferred from state to state with little difficulty, providing for a minor child in another region of the country might necessitate increasing the amount of financial support. For instance, a single mother with a school-aged child relocating to California from Michigan will have to pay more for housing, education, transportation, etc. But a cross-country move to a more expensive state with a higher cost-of-living will affect the non-custodial parent's ability to provide for the minor child in a manner they were accustomed. Not only will the single mother pay more for standard housing, but also medical expenses. Doctors on the western coast are more expensive than in Michigan. The cost of living in general, may well exceed what a non-custodial parent will be able to bear.
The ramifications of divorce and moving out of state also impact the non-custodial parent's ability to comply with court-arranged visitations. If a thirty-minute drive across town turns into a five-hour flight, a custodial parent might be unable to keep bi-weekly visitation rights. Altering visitation, from a child's perspective, can be very problematic. In spite of marital differences or emotional conflicts, children need both parents in order to develop optimally or have a sense of security. Custodial parents who consider divorce and moving out of state should really assess the emotional impact of separating a minor from a mother or father. Moving away from an ex-spouse might help bring a measure of closure to a bad marriage; but parents must ensure that the door is not closed to children who want to maintain a fulfilling relationship with the ex-spouse. Aside from losing a parent in death, going through a divorce is one of the most traumatic experiences children can have. After a marital breakup, relocating can place unnecessary emotional strain on youngsters. Children may rebel by acting out in anger, getting into fights with siblings, cutting class, or performing poorly in school. Custodial guardians may need to seek professional or spiritual counsel to determine and avoid the adverse impact such a move can have on minors.
Another consideration for ex-spouses contemplating divorce and moving out of state is the lack of an adequate support system for school-aged children or teens. Moving from one state to another requires changing schools, changing neighborhoods, and making new friends. But living near a non-custodial parent provides a measure of security, especially during an emotional upheaval like the breakup of a marriage. In a crisis, children adjust better when familiar surroundings are disrupted as little as possible. After undergoing adjustments made due to a divorce, having the ex-spouse in as close proximity as possible can provide a level of emotional security to ease the transition. Of course, that is if the relationship was close before the breakup.
Filing for divorce and moving out of state also carries certain legal implications. The process to petition for dissolution of a marriage can still move forward, but there may be some long distance communication required which can add to costs. Before the final decree is issued, out-of-state ex-spouses may also be forced to travel, which could delay proceedings or again, add considerable expense. Divorcees must bear in mind that the state of residency where an ex-husband or wife first filed the petition still has jurisdiction; therefore, the new state of residency has no bearing on the judgment or proceedings. Divorce and moving out of state can also further complicate modifications to final decrees, as ex-spouses may not be readily available to compile documentation to substantiate a request for increased alimony or child support payments. In the final analysis, exercising patience might make the process of relocating after divorce a lot smoother for everyone involved.