We Protect Men In An Unfair Legal System

Why you shouldn’t vacate the family home during a divorce

On Behalf of | Sep 7, 2021 | Father's Rights

The situation between you and your wife has gone beyond “tense” and turned hostile. A divorce is inevitable, and your wife says that you need to leave the house until it’s over.

Do you stay or do you go? Here’s what you need to remember before you decide.

Regaining access to your things may be impossible once you leave

You probably have many personal items in your home — and moving all of them out on short notice to temporary housing is unlikely to be practical. However, once you leave the family home, you may not be allowed back inside again any time soon.

In Alabama, spouses can file for what is known as pendente lite relief, which is a temporary injunction that controls everything from child support during your divorce to who has possession and access to the family car and home. 

If the court sees fit to order you to stay out of the family home, then you can’t easily obtain anything you’ve left behind. This includes financial documents that you may need to support your position during the divorce proceedings.

You may also damage your chances at a fair custody agreement

Fathers already suffer from perceptual biases about their ability to be effective parents — especially of young children. When you leave your children to move to a separate residence, the court may see that as a signal that you’re less involved in their lives than your wife. That could translate to less custody time in the future.

Ultimately, it’s usually better to stay where you are and simply establish stronger boundaries. However, if you have any doubts, it may be wisest to seek some experienced guidance before you make your move.


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