Should my spouse and I live in the same house during a divorce?

No, you should not live together during divorce in Dallas. There are even some cases in which moving out of the house is not only recommended, but also necessary.

Emotional Considerations for Immediately after a Divorce

It is understandably difficult for you to walk out of your marital home which has a strong emotional connection for you. However, you will find it difficult to live together with your spouse under the same roof, over a prolonged period of time. Divorce proceedings can take weeks, even months, and living in proximity to your spouse will try your patience.

While some couples try to ‘stay together for the kids’ this well-intentioned idea ultimately yields negative outcomes. The resultant hostility that may escalate as proceedings progress is worse for kids in a divorce than is having to see their parents separately.

The best way to handle Dallas kids in a divorce is to model good behavior as you move on in healthy ways. 

• Trying new activities in the new neighborhood where you reside
• Taking part in the social scene of your new neighborhood, such as a Housing Association
• Meeting new people and showing your children how healthy friendships can make people happy

The Economical Considerations: Child Custody and Possessions

There are some steps that you need to take to protect your interests before you move out of the house. If you can make a parenting plan on your own without court intervention, great!. But if there is some contention about custody then it may be a good idea to get a temporary court order on matters. Get the court order before you leave so that you do not appear to be abandoning the children.

For instance, a court is less likely to consider your spouse’s arguments that you don’t deserve custody of the child because you moved out, if you already have court orders that allow for visitation in place.

In terms of possessions, your decision to move out of the marital home during the divorce will not impact your rights to the house. In other words, a Dallas court won’t automatically decide to award the house to your spouse simply because you moved out. The plan is usually to split the marital possessions equally. This could mean selling the house and dividing the sale money, unlikely in a case with children, however.

There are multiple options for dividing the house in divorce. The most common is to allow the parent with primary custody to keep the kids at the house while the other parent gets an equivalent amount of possessions, monetarily speaking.

When is moving out of the marital home recommended?

If your marriage has involved domestic violence or abuse, it is imperative that you move out with your children. Call a divorce lawyer in Dallas immediately. For advice on how you can protect your interests during divorce proceedings, the Texas Divorce Lawyer can help. For legal issues regarding a divorce, contact Dallas family law lawyer Julie Johnson 214-265-7630.