Should You Move Out When You File for Divorce in Maryland?

In Maryland, there are no strict guidelines about who can stay in the marital home during a separation. In truth, it is common for both spouses to want to keep living in the house and may expect the other person to leave. 

While the decision to move out during the separation can affect who gets to reside in the home during the divorce proceedings for use and possession, there are situations where one party leaving the house does so for reasons like their safety or well-being and this does not prevent the spouse who left from seeking use and possession of the home if there are minor children in common. Additionally, it is possible for the house to be transferred as part of the divorce. But because the divorce process can be lengthy, moving out during the separation phase may have repercussions and you should discuss the specifics of your situation with a family law attorney before moving out of the home.

Can be Seen as Grounds for Divorce

According to Maryland law, a court has the authority to grant a divorce based on the following grounds:

• Irreconcilable differences
• Mutual consent
• Six-month separation

In order for a six-month separation to be considered valid for divorce purposes in Maryland, the parties involved must have been living separately and apart for a continuous period of six months prior to filing for divorce. 

However, Maryland law also recognizes spouses as having lived separately and apart, even if they reside in the same dwelling, as long as they have been leading separate lives. Additionally, if the separation is in accordance with a court order, it can also be considered as living separate and apart for the purposes of divorce in Maryland.

May Result in Child Custody Issues

When making decisions about custody arrangements, the courts prioritize minimizing disruptions to the children’s lives. This can include looking at which party is in the home with the minor children, though that is not the only factor for a court. 

In addition, where a party moves if they relocate from the home could impact the court’s decision regarding the physical custody arrangement if the distance is significant. For example, if the parent who moves out of the family home relocates to a different school district, county, or state, it may limit the ability to the parents to have a shared custody schedule.

Can Impact Who Gets the Family Home

Maryland law follows the principle of “equitable distribution” when dividing marital property, aiming for a fair allocation to each spouse. The court considers various factors, such as the duration of the marriage, each spouse’s financial circumstances and contributions, and the value of non-monetary contributions, to determine how property should be fairly distributed. In a matter where minor children are involved, the court will consider many factors in looking at use and possession of the home, both on a temporary and intermediate basis. Even when there are no minor children, the court will also consider these factors to determine whether one spouse will obtain a more significant claim to the home.

May Result in Financial Issues

If you decide to move out of the marital home, you may still be obligated to cover certain expenses associated with the property, such as mortgage payments, utilities, or property maintenance costs. In addition, depending on the circumstances, you might be required to pay alimony to your former spouse. That is why it is important to seek legal advice from a knowledgeable family law lawyer to understand your rights and responsibilities before deciding to move out. 

Should You Move Out When Going Through a Divorce? Contact Rice Law Today

If you are considering divorce and want more information about the process and potential issues that may develop, contact Rice Law today to discuss your questions and concerns with an experienced and skilled Maryland family law attorney.