You might have heard that you must stay in the house if at all possible during a divorce. Some people have commented that if you move out, then you are essentially abandoning your family. I disagree. There are circumstances where it is perfectly appropriate to remain in the house, for example where the divorce proceedings are amicable. However, if the divorce is going to be contentious and there are children involved, then I have no problem advising my clients to move out, but stay in the same general vicinity. For example, if you live in Oak Park, then find a place to live in Oak Park. Stay close to your children.
When this subject comes up, I am reminded of a movie called War of the Roses starring Michael Douglas and Kathleen Turner. He refused to move out of the house and actually drew red dividing lines throughout. Their separation became so violent that they both ended up dead at the end. There is no law in California that requires a court to order a spouse to move out of the home absent domestic violence. Imagine being noticed for a court date on a domestic violence petition with a kick out request. She makes up all kinds of lies that you hit her or threatened her but the court in an abundance of caution orders you to move out and grants the restraining order.
That will have a serious impact on your custodial rights. Before making decisions about remaining in the house or moving out, you need to consider ALL of the possibilities and circumstances. Remember, if you already moved out, your spouse cannot accuse you of becoming violent.My office is located in Westlake Village on the LA County/Ventura County boundary line. If you live in the Conejo Valley, Thousand Oaks, Oak Park and the surrounding communities, I am here to serve you. Call (805) 449-4290 or email me at [email protected]