During a divorce, both spouses must go their separate ways. This means that at least one spouse will need to leave the family home. But which spouse has to pack their bags and search for a new place to live? Is there any specific rule? Should you leave your family home, or should you stay put and force your ex to leave instead? These are valid questions, and you can raise them during a consultation with an experienced divorce lawyer in Georgia.
Separation Is Not Required Before Divorce in Georgia
You should know that in Georgia, there is no mandatory “separation period.” In other words, you can proceed with your divorce even if both spouses remain in the same home together. The only real requirement is that you suspend “marital relations.” In other words, you must stop being physically intimate with each other. Even if both spouses refuse to move out of the family home, they can technically proceed with divorce in Georgia.
Why Moving Out Might Still Be a Good Idea
That being said, it might still be a good idea for one spouse to move out of the family home. Divorce can be challenging from a mental health perspective, and it might not be comfortable living in the same home while your relationship comes to an end. In worst-case scenarios, spouses could become violent or abusive with each other while navigating their divorces.
Moving out also gives both spouses a chance to establish financial independence. The spouse who moves out can start making new investments, paying their own bills, and establishing their own bank accounts. Living apart helps both spouses understand the realities of divorce. In some cases, spouses might rethink divorce when they understand these realities.
Speak With an Attorney Before Leaving the Family Home
If your ex refuses to move out, you might be tempted to leave instead. Perhaps you can’t bear the sight of your former spouse, and you want to “start fresh” in a new environment. While these concerns are understandable, you should know that leaving could present certain consequences.
First and foremost, you might struggle to maintain custody of your children if you leave them behind in the family home. This may make it more challenging for you to maintain ownership of the family home, since family courts tend to keep children in familiar environments to limit stress. In other words, the parent who gains primary custody may be more likely to keep the family home.
Can a Divorce Lawyer in Georgia Help?
A divorce lawyer in Georgia can help during the initial stages of your divorce. During these early stages, you may need to decide who should leave the family home. While there is no legal requirement to separate before divorcing in Georgia, this could be a positive choice for many individuals. To learn more about the potential next steps, consider speaking with an experienced divorce attorney in Georgia.
