Deciding to divorce is a significant, often overwhelming decision. In North Carolina, divorce proceedings require a one-year physical separation, prompting many to think about moving out of the marital home immediately. However, here are 6 Reasons You Shouldn’t Pack Your Bags and Leave Right Away:
1. Have You Established a Parenting Schedule?
Before leaving, have you considered the impact on your children and established a parenting schedule? The initial arrangements set a precedent that courts might be hesitant to change. This affects how much time you spend with your children and could lead to lengthy court proceedings to amend any unsatisfactory arrangements.
2. Do You Want to Retain the Marital Home?
Do you wish to keep the marital home post-divorce? If so, think twice before moving out. Your departure could affect your ability to reoccupy the home later, especially if both parties are interested in keeping it. Courts consider many factors when deciding who gets the house, including each party’s financial ability and the needs of children.
3. Are You Risking Accusations of Marital Abandonment?
Could leaving your spouse lead to accusations of abandonment, which might impact alimony considerations? Although not a ground for divorce in itself, abandonment involves ending cohabitation without justification or the other spouse’s consent, potentially influencing the terms of spousal support.
4. Can Your Income Support Two Households?
Can your income realistically support two separate households? Many find it challenging enough to manage finances in a single household setting. Analyze your budget thoroughly to avoid finding yourself in a financially untenable situation post-separation.
5. Do You Have Access to All Necessary Financial Records?
Once you leave the marital home, will you have access to essential financial documents? Ensure you have copies of tax returns, mortgage statements, bank records, and other crucial financial documents. These records will be invaluable during divorce proceedings and property division.
6. Have You Secured Your Personal Property?
Which personal and household items will you take with you? While some items can be compensated for monetarily, others, like personal memorabilia, cannot be replaced. Documenting and taking photographs of your possessions, particularly valuable ones, is advisable to ensure fair property division later.
In Conclusion
While the urge to leave might be strong, especially once the decision to divorce is clear, it is crucial to approach this step thoughtfully. Each decision made during this initial phase can have long-lasting impacts on your emotional and financial well-being, as well as your relationships with your children and spouse. Take the time to consider these aspects carefully or consult with a family law expert to plan the best course of action.
Carolyn Bellof
Carolyn Bellof is a Certified Family Law Specialist in North Carolina. She brings empathy and a personal understanding of loss and resilience to her clients, ensuring their legal needs are protected during emotionally challenging family law proceedings.
Ready to take the next step or need personalized advice? Contact us today to schedule a consultation with one of our experienced family law attorneys. Ensure you’re making the best decisions for your future and your family.
