Divorces are tough and physically and emotionally challenging. Either spouse would likely be unwilling to live in the same space. But who should be leaving the house if both have their names on the real estate agreement? It is a tricky thing and a huge mess. Who gets to stay? It can get a bit messy! Each state has its laws; for instance, if you plan to divorce in Arizona, the property gets divided among both unless the house belonged to one of the spouses before the marriage. However, several questions arise, like whether you have to move out and will moving out cause one spouse to lose their rights. Are there chances of you losing your child custody if you move out?

Move Out or Not

When someone divorces their spouse, they may want to stay away from them. If you decide to divorce and continue living in the house without sharing the bedroom, it can become difficult to prove that you both are leading separate lives. Some states may allow cohabitating while others do not. If you move out, you must look for alternate housing. It is great if you’ve had strong relationships with your parents and friends who are willing to support you financially and emotionally. It is essential to build a great support system that you can depend upon, as they can be of enormous help in times of need. It becomes further complicated if you have a family with child(ren). If the family stays in the same house, they can also consider sending their child(ren) to grandparents. However, if you decide to move out, it is better to clarify your intentions.

Make Your Intentions Clear

Moving out of the family home doesn’t mean you lose the rights of the house or the legal decision-making of the child(ren). But you shouldn’t take any chances and write everything down on paper. You might have to create an inventory of all the personal property, such as furniture and appliances, and take photographs. Even if you or your spouse do not agree to the terms, write all the details, and both need to sign it. Even if you do not have an attorney now, you might want to seek some legal advice on the agreement.

Child’s Legal Decision Making

The children suffer the most in a divorce, and keeping them involved is important. The court considers several factors to create the type of legal decision-making and visitation arrangement that best serves a child’s emotional and physical needs. Some of the factors include:

  • Each parent’s physical and mental health
  • Each parent’s ability to provide stability
  • Child’s relationship with each parent
  • Each parent’s history of child abuse or domestic violence
  • Child’s adjustment to home and community

The court doesn’t favor one parent over the other but considers all the above factors based on the child’s best interests and overall well-being. The court has the discretion to make legal decision-making equal or allow one parent to make all decisions affecting the child. For instance, the court may allow the mother to make health-related decisions, while the father might have the right to make educational decisions. If the court orders equal decision-making, both parents meet and agree on them; however, if parents can’t, the court decides.

Our legal attorneys can help you navigate the process if you want a divorce. Schedule a consultation with Shaffer Family Law at (480) 470-3030 today.

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