In today’s world television, movies and reality shows display that the moment a divorce is filed one of the parties must move out of the home. In Connecticut, this is not true. Both of the parties have the right to stay in the home throughout the entire divorce (even if it’s awkward). One of the only exceptions when someone can kick their soon to be ex out of the house is when there is domestic abuse and/or violence.
But let’s say you’re ready to get out of the family home ASAP, when should you leave? Well, the answer depends on whether you have children or not. If you do not have kids, then you can (if you want) move out at any time or you can stay in the house until the divorce is finalized. However, if you have a child or children who live with you and your spouse a temporary custody and visitation agreement should be in place before you get your new oasis. Why? Because Connecticut Courts don’t like to see one parent move out of the home without a custody and visitation plan in place. Some courts have even found moving out while the kids are in the family house to be “abandonment” of the children!
So what is the most important thing to do before you move out of the house? If you have children, get a custody/visitation plan (also known as a Parenting Plan) in place. Do not leave, regardless of how annoying your partner is or may be. If you don’t have kids and you want to move out, make sure anything that is valuable to you (especially sentimental value) is in a safe place so that you will have it well after the divorce is final.