Nevada Info

Nevada Divorce Start Your Divorce Find Professionals Nevada 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 Nevada Products Divorce by County

Nevada Articles

Divorce/General Parenting SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Nevada Divorce Support Nevada Divorce Online

Should You Move Out of the Marital Home During Your Divorce?

Many divorcing couples ask themselves this question. If you are in a dangerous situation, then of course, nothing matters but your safety and you should leave immediately. There are shelters available in most cities if you can't get help from relatives. Nothing is worth compromising your safety. We'll explore what to do and what to take with you if you feel you must leave no matter what, either for safety, or other, reasons.

Barring any security issues, you might want to figure out a way to stay in the home until the divorce has been finalized, especially if you have minor children and wish to obtain either full or shared physical custody.

A past client, whom we'll call Diane, insisted that her husband move out of the family home once they had decided to divorce. She had asked him to move out because she found it challenging to handle the stress of the marriage, and she was concerned about how the fighting and tension between her and her spouse was affecting their children. Her husband went to live three blocks away at a friend's home for the duration of the divorce. Had we been representing him instead of her, we'd have cautioned him against it and told him to find a way to deal with the stress and fighting. There is no room to go into counseling about that in this article, but there are resources available for it online.

It took eighteen months to finalize Diane's divorce because of numerous motions filed by her husband's attorney, requests made for everything under the sun, what we call being “papered half to death” by the other side, and a packed court calendar.

Though Diane's husband remained involved in their three children's lives on a regular basis, they never spent the night with him because there was no room for them at the friend's house. The children spent every night with Mom, so we were able to convince the judge that Mom had essentially had full physical custody for the previous 18 months and it was best for the children to keep living with Mom full time. Because of this, the judge was naturally reluctant to uproot the children from their known home several nights each week and he granted full physical custody to our client.

The children's father was cautioned by the judge to get his own place, one with an adequate sleeping space for each child, and have the children spend the night when they were with him on weekends. The father was further told that he could petition the court again for a shared custody arrangement in six months to a year. Essentially, the father lost out on his desired shared custody arrangement because he was too quick to leave the marital home and he never kept the children overnight.

So, unless you are in immediate danger, it might be best for you to bite the bullet and stay put. If you do decide to leave anyway, even knowing this, be sure to take important financial documents and records with you.

Taking important documents with you is even more crucial if you are forced to leave the house by the court or the police. Should that occur, it is unlikely that you'll be allowed back into the home until after a court hearing, if at all. Be sure to at least take the following documents:

  • tax returns
  • paycheck stubs for both you and your spouse
  • 1099s if you are a freelancer or independent contractor
  • mortgage loan documentation
  • saving and checking bank statements
  • brokerage account statements
  • retirement plans documentation whether yours or your spouse's
  • loan agreements with family or friends, if applicable
  • stocks and bonds you have on hand
  • credit card statements
  • loan documents for all outstanding loans whether they are just in your name or your spouse's name (in Nevada, the debtor on any loan or property is unimportant if you are married, as it is a community property state)
  • any car titles if you own your cars free and clear

Take photos of any high-value artwork, collections of value, such as baseball cards, memorabilia, jewelry you can't take with you, even high-value clothing or accessories such as high-end handbags (Louis Vuitton, etc.)

Find a place to live as close to the marital home as possible and close to your children's school. When the judge decides on physical custody, you are a lot more likely to win shared physical custody if the children's school and extra-curricular activities' schedules will not be disrupted by going from one home to the other. The judge will also want to know that the standard of living for the children in your new home is similar to what they have been accustomed to in the marital home. Arrange for your children to stay with you overnight on a regular basis. Ideally, you should follow the parenting schedule you wish for the judge to rule upon when it comes to decision time.

It's sometimes a tough decision to make, but if there is any way possible, it's probably best to stay in the marital home until everything has been ruled upon by the judge.

Was this helpful? Like our site & let us know.

Related Articles

Start Nevada Divorce Start Your Nevada Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Nevada Divorce Find Nevada Divorce Professionals in Your Area:
Join the Network
Nevada Divorce Products, Services and Solutions Nevada Divorce Products, Services and Solutions
Nevada Divorce Resources to Help You Through the Process.
Online Parenting Class Nevada Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Nevada Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
The court may award alimony to either spouse. A spouse seeking to obtain alimony must specifically request it in the complaint. In determining the need, duration and amount of maintenance, the court considers the faults and merits of each spouse (Nevada is one of only a few states that consider the misconduct of a spouse), the financial condition of each spouse after the divorce, the actual ownership of property being used for spousal support, the need of support for schooling, training or education in order to get a job, career, or profession, and the career enhancements obtained during the marriage as a result of efforts by the spouse requesting support.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a Nevada Divorce


Settle Your Divorce Negotiate Your Nevada Divorce


Support Forum Nevada Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site