Auto Accident Law 101

Should You Continue To Live Together During A Divorce?

1 August 2015

Everett Cook

An impending divorce can turn your life upside down. Nowhere is this more true than when you are trying to handle the living arrangements during the divorce process. The combination of legal fees and funding a new life can put a major damper on your finances, making it difficult for one party to move into a new home. It may seem like a good idea for both parties to stay in the family home until the divorce is finalized, but should you? This guide can help you navigate this tricky situation.

Why Staying Is a Good Idea

Staying provides more than just a short-term financial benefit for both halves of the former couple, it also helps set you up for a more successful property division or parental custodial agreement later. Often, the person that stays in the house gets to keep the house. This can be a problem when the house is the biggest asset. If both parties stay in the home, the court may instead decide on a more equitable property distribution.

Courts are also hesitant to upset the lives of children too much, so they often opt to leave them with the parent they have been staying with primarily during the divorce proceeding. By staying together in the home, a joint custodial agreement is more likely to be approved.

Safety First

Naturally, the previous benefits are only true if you are safe in the home. If for any reason you feel your safety is at stake, such as previous domestic violence or current threats, it is better to risk leaving the family home.

Set Expectations

Going from married couple to roommates will be awkward at first. Set expectations and boundaries from the outset. Each party should move into separate rooms. Decide upon a division of labor and financial responsibilities within the home, and write it down.

You may also want to set up a parenting schedule. This ensures both parents get quality one-on-one time with the kids. It also helps the kids slowly adjust to the realities of post-divorce family life. As an added benefit, it shows the court that you are an active parent when it's time to make custodial decisions.

Be Respectful

Finally, be respectful of your soon-to-be former spouse. It's a good idea to hold off on dating until the divorce is final, since you don't want to do anything the court will see as adultery. You also don't want to be coming in late, being too loud, or making a mess. Try to keep things amicable so your spouse doesn't have reason to get vindictive in court.

Working out the living arrangements during the divorce process can be one of the more difficult aspects you will face. Talk with a divorce attorney like Mira Staggers White if you need advice when making these decisions. 

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