Woman packing.

Should I Move Out During My Divorce?

Does Moving Out Impact Divorce?

If you plan on getting a divorce, separating from your spouse can have benefits that help you prepare to file. Separation gives you time to plan out and negotiate the details of your divorce with an experienced attorney.

Our family law attorney Bobby Barina, of Bobby Dale Barina, Attorney At Law explains how moving out and separating can help you prepare for the initial steps of your divorce.

What is Considered Separation in Texas?

Unlike other states, Texas does not have an official process to legally separate through the court. If you and your spouse are looking to make separate living arrangements while you wait to file for your divorce and consult with your divorce attorney, you can.

Texas courts allow you to make temporary arrangements pending the finalization of your divorce. With that being said, you can move out of your marital home during your separation while you wait on the final results of your divorce.

If you have kids, property, a business, or any other marital items with your spouse, then you should use this time to negotiate things like child custody, property division, spousal support, and more.

Child Custody After Moving Out

If you and your spouse share responsibility of your children, then you should make child custody one of your first priorities.

Typically, children remain with one of their parents in their family home during a divorce. If you are the parent who spends the most time with your kids and carries most of the responsibilities, then you should consult with your attorney about taking a legal route that allows your children to leave with you if you are moving out.

Property Division After Moving Out

Another very important thing you should do when you move out is to take a count and document all of your marital and separate property. In some cases, spouses who do not want to get divorced will try to hide or control assets. It’s best to speak to an experienced property division attorney before your big move.

How Can An Attorney Help?

Family law attorney Bobby Barina can help you plan the details of your divorce before you move. He can help you with areas of family law including child custody, property division, spousal support, child support, and more. Call Bobby today at (254) 523-4446 to schedule an appointment for a consultation.

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