If We Get a Divorce, Do I Have to Move Out?
Jan. 16, 2023
Going through a divorce can be a difficult situation for everyone involved. On top of that, making arrangements following a divorce can lead to a series of tough choices. However, you do not have to make these decisions on your own. A reliable family law attorney can assist you during the entire process.
The attorney at E. Gordon Peters, Jr., Attorney at Law, has everything necessary to walk you through the most challenging time in your life. Attorney Gordon has the knowledge and practice to help you toward a brighter future. He proudly serves clients in Lynchburg, Blackstone and the counties of Amherst, Campbell, Bedford, Nottoway, Prince Edward, and Charlotte, Virginia.
Living Arrangements When Divorcing in Virginia
A common concern for those served with divorce papers is who has to move out in a divorce. The short answer is that no one has to move out. Nevertheless, there are some key considerations when determining living arrangements.
Safety. The most important consideration is safety. When safety issues are a concern (e.g., domestic violence), it is best to have one of the parties move out of the primary family residence. Generally speaking, the children’s primary caretaker (if any) should remain in the primary family residence. Similarly, the custodial parent typically stays in the family residence while the non-custodial parent makes alternate living arrangements.
Comfort. While there may be no safety concerns, comfort may become a priority. Comfort involves situations such as a tense environment, particularly when tension affects children’s emotional well-being.
Children. Children are a crucial consideration when making living arrangements during a divorce. Ideally, children should remain in the place of residence they are accustomed to. This location is generally the area where they attend school, have close family ties, and maintain healthy relationships with friends and other children. Suddenly removing children from their place of residence may cause significant emotional distress in addition to the divorce situation.
It is vital to consult with an experienced family law attorney when making living arrangements during a divorce. A trusted attorney can provide helpful guidance to avoid potential legal consequences.
Possible Living Arrangements During a Divorce in Virginia
In Lynchburg and Blackstone, Virginia, and neighboring (Amherst, Campbell, Bedford, Nottoway, Prince Edward, and Charlotte counties), there are various potential living arrangements to consider during a divorce:
Both spouses stay at the primary family residence. This living arrangement may be viable when there is a cordial relationship between spouses. However, spouses must maintain separate living conditions, such as sleeping in different quarters.
Sell the primary family residence. There are circumstances in which the spouses cannot agree on who stays at the primary family residence. In these cases, selling the primary family residence may be a viable alternative. The proceeds from the sale may be split according to the divorce terms or an agreement between the parties.
Buy one of the spouses out. In this arrangement, both spouses come to a financial settlement in which one buys the other’s share of the primary family residence. The party that has received the financial compensation moves out of the primary family residence.
Refinancing. Refinancing is an option when there is a joint mortgage on the primary family residence. The refinancing process seeks to remove one of the spouses from the mortgage.
Bird-nesting. In this arrangement, the spouses take turns living in the primary family residence, essentially avoiding cohabitation. This arrangement can be useful to avoid conflict while maintaining both parents in the home for some time.
It is always a good idea to double-check with a divorce attorney to ensure that the chosen living arrangements do not violate the divorce settlement terms.
Keeping the Primary Family Residence
Please note that the spouse living in the primary family residence does not necessarily get to keep the house.
For instance, the custodial parent stays in the primary family residence during divorce proceedings. However, they are not awarded property of the home since the custodial parent did not pay for the home.
In this situation, Virginia State law may award the home to the non-custodial parent if their name is on the mortgage and they can prove they solely paid for the home. Please remember that asset divisions do not automatically mean that both spouses get half of the marital property. Asset division is about the fair and equitable division of assets.
Nevertheless, the best course of action is to agree on asset division to avoid complicated litigation.
Finding the Right Divorce Lawyer in Virginia
Finding the right divorce lawyer in Virginia does not have to be difficult. The practiced attorney at E. Gordon Peters, Jr., Attorney at Law, is ready to help their clients protect their rights.
Reach out today to speak with a wise family law attorney committed to helping families through some of the most challenging situations. The firm proudly serves clients in Lynchburg, Blackstone, and the counties of Amherst, Campbell, Bedford, Nottoway, Prince Edward, and Charlotte, Virginia.