Although at initial thought it may be uncomfortable, it may be in your best interest to remain in your family home after being served divorce papers. That is, especially if you and your spouse are amicable, you should not move out if you are amid a child custody settlement agreement. For more information, read on and see how one of the experienced Massachusetts divorce issue lawyers in Mansfield, MA | Bristol County at The Law Offices of Cynthia L. Hanley, P.C. can be of assistance to you.
Do I have to move out during my divorce proceedings in the state of Massachusetts?
Put simply, you are not required to move out of your family home before your divorce is finalized, nor does your spouse have the right to force you out. This is because, by Massachusetts law, your family home is considered marital property, so you and your spouse have an equal right to reside in it.
But if you do choose to move out, the courts will not factor in whether you moved out before the finalization of your divorce when it comes to your property division settlement agreement.
Under what circumstances can I have my spouse move out during my divorce proceedings?
If, for instance, you are e a victim of domestic violence, you can file for protection and a judge will issue a restraining order that will force your spouse to leave your residence.
On the other hand, if your spouse’s presence in the family home is not in the best interest of your child, you can present evidence to a judge and they will grant your request.
Will my child custody agreement be impacted by my move-out?
Yes, your move-out may negatively affect your child custody settlement agreement. Below are some reasons why the Massachusetts court may prefer to grant your spouse custody:
- Massachusetts courts may prefer when your child remains in the family home, as it insinuates that they are maintaining the lifestyle they have grown accustomed to.
- Massachusetts courts may assume that your child is being solely cared for by your spouse upon your move out.
- Massachusetts courts may assume that your new residence is not fit to raise your child, even if you argue that it is a temporary stay.
So, if you must move out, you should take your child with you. To make this possible, your spouse must sign an agreement to the move. If not, you can take your argument to court and under the right circumstances, they may grant you temporary physical custody of your child.
For further guidance, contact one of the skilled Massachusetts Child Custody Lawyers in Mansfield, MA | Bristol County today.
Contact our experienced Bristol County firm
If you need help through a contested divorce or with any other family law matter, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.