Does moving with my children out of the shared marital home have any negative ramifications prior to divorce?

Aug 8, 2012 by

Question: 

Does moving with my children out of the shared marital home have any negative ramifications prior to divorce? There is no abuse, just a fairly amicable divorce.

State: 
Ohio

Answer: 

If you move out with your kids before the divorce proceeding, this should not, in itself, adversely affect any future divorce proceedings.  However, Ohio Code Title XXXI, Section 3105.171 lists several factors that are considered when dividing property, including an all-inclusive factor which allows the court to consider, “Any other factor that the court expressly finds to be relevant and equitable.”  This is listed in F(10) under Section 3105.171.

Since the court can take any relevant factor into account, you would want to be sure that moving out with the children would not amount to any sort of financial misconduct, abuse, or any other conduct that the court could negatively construe.  Simply moving out with your kids pending the divorce probably would not amount to this, but of course you should try to reach an agreement with your spouse so that he accepts the move.  Also, your jurisdiction may have a specific policy dealing with moving out before the divorce proceedings, so please be sure to contact a local attorney who is competent in Ohio family law.

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

 

 

Leave a Reply