Minnesota Divorce Start Your Divorce Find Professionals Minnesota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Minnesota Products Divorce by County
Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Domestic Abuse Financial Planning Mediation Parenting Property Division Spousal Support
Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation
Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs
Advertise With Us Free Network Page Join Our Network Submit Articles Sign In
In A Minnesota Divorce or Custody Case, Should I Move Out of the House, And If So, How?
Clients often ask whether they should move out of the marital home prior to or during the commencement of divorce proceedings. The answer is very clear: "it depends". Generally speaking, if child custody, parenting time, or possession of the home might be an issue in the proceedings, I advise against it. Although no legal precedent is created by moving out, the lawyer for the remaining occupant routinely argues that:
Such arguments are made both in support of temporary as well as permanent relief. Such arguments do not always carry the day, but it is often a consideration that influences judges, even if they deny it. If custody is in issue or you really want to keep the house, try to stay put until the temporary relief hearing, which is your first opportunity to legally compel the other party to move out.
If you do need to move out of the home immediately because it is an abusive or otherwise insufferable situation for yourself or the children, the following precautions should be considered:
* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
Navigate: Home States Minnesota Divorce Source Minnesota Divorce Articles Divorce - General, Laws and Process In A Minnesota Divorce or Custody Case, Should I Move Out...
Minnesota is a no-fault only state. The divorce petition must state either that the parties have been living separate and apart for 180 days or more or that there is "serious marital discord" with no chance of reconciliation. All fault grounds, such as adultery, cruelty and insanity are no longer recognized in Minnesota.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.