February 3, 2021
Moving out before a finalized divorce
Divorces can often be extremely messy and emotionally charged affairs, sometimes leading to immense stress or even emotional or physical abuse. However, many people choose to stick it out and put themselves through this terrible situation because they think that they will lose claim to some or all of their possessions by moving out.
If you are being subjected to emotional abuse, there is some good news: you do not have to take it and you can move out without issue. In fact, you should get out quickly to help preserve your own physical or emotional safety. In these instances, you can request temporary protective orders from judges.
Keeping Your Possessions
The spouse who stays in the home is in no way guaranteed to be the spouse who gets to keep the home after the divorce is finalized. In fact, Colorado law tends to side more with the spouse who has the legal responsibility for the home, including having their name on the mortgage and their utility bills. When the spouse responsible for these burdens cannot afford them, the court will often order some form of temporary maintenance during the divorce, particularly if that spouse is not the higher-earning spouse.
Keeping the home afterward is also open to negotiation. One spouse can request to keep the home, but may have to concede on a number of other points in order to make a fair divorce agreement. Likewise, the things within the home itself, such as furniture, may be taken away, as well as any mutual possessions that are given away as part of the concession.
Child Custody
During a divorce, the court may opt to create a temporary child custody order in order to help the children’s lives remain stable. This can be seen as an advantage to the parent who remains in the home for child custody, but not always. Making an agreement in writing that the parent who is moving out is not giving up any rights to child custody is one way to ensure you maintain your rights. If you cannot obtain one of these agreements, you can ask the court to establish a temporary parenting schedule, which also helps maintain your rights to child custody.
If you need assistance with your divorce case, seek assistance from a skilled Denver divorce attorney. At Peek Vasquez, LLC (former Peek Family Law, LLC), attorneys Sean Peek and Ricardo Vasquez help you shoulder the emotional burden by removing some of the stress and uncertainty from your divorce. When you trust your case to Attorneys, you can be sure that your case is in the hands of an attorney who is up to date on the latest laws and case results, allowing us to fight to protect the best interests of you and your family in the most optimal manner.
Call Peek Vasquez, LLC today at (303) 495-5757 and schedule your case evaluation with our firm.