Should I move out before I get divorced?

Aug 8, 2012 by

Question: 

My Wife and I are not getting along. In fact, we have tried counseling, but she recently quit going. Now she wants ME to move out of our house because she can’t stand being in the space as I. I had every intention in moving out until a couple of friends of mine who recently been through the same deal as I, advised me not to. The reason was due to actions abandonment to my kids and my responsibilities as a home owner in the respect of divorce court proceedings. This could in fact create a negative situation for me at the time of home equity split or child custody. Is this true in the state of Minnesota?

State: 
Minnesota

Answer: 

Making significant lifestyle changes during or just prior to a divorce is not a good idea and can further complicate a complicated situation. Better to leave your “household” as it has been for the duration of the marriage when you enter court and present your arguments, than to create a new and likely temporary living and financial set-up. Try to be patient.

You might want to consider utilizing the services of a qualified divorce mediator as an alternative to using a divorce attorney in court. Most divorce attorneys will charge at least $1000 for an initial consultation and several hundred dollars as an hourly rate thereafter. The total will increase rapidly as you move forward through the divorce. On the other hand, the services of a mediator can be split by both spouses and rarely exceed $5000 total for even the most protracted divorce cases. If mediation doesn’t work for your specific case you can always still go to court with your divorce. You can halt mediation at any time, and start over. – The Divorce.com Team

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.

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