People going through a divorce often ask whether they will lose anything by moving out of their home. The simple answer is you will not lose any equity in the home by leaving. However, there are many other potential ramifications which should be discussed.

I think the more important question is how the move will affect things such as support and custody of the children. Where there are minor children in the household there should be some custody arrangement made between the parties prior to a move by one of them. If not, and one person refuses to allow the other to see the children, there could be the need for an emergency custody petition involving litigation and legal fees. Have you discussed who will pay the bills and whether the person staying in the house can afford the mortgage and other household obligations?

If not, there may be a support complaint filed for not only child support but spousal support as well as request for a mortgage deviation. These are among the reasons why you should fully discuss any potential move with your attorney in a pending divorce situation.