If I Move Out of Our House During Divorce, Will I Be Charged With Abandonment?

If I Move Out of Our Home During Divorce, Will I Be Charged With Child Abandonment?

DuPage County Family Law Attorneys Detail Concerns Related to Moving Out During Divorce

When you decide to get a divorce, or if your spouse informs you of their intention to file for divorce, you will confront many concerns you likely never considered before. These may include child custody and visitation, spousal maintenance, child support, and the division of marital property.

Perhaps the most immediate issue to address is what will happen to your living situation. Should you move out of your residence? Should your spouse move out? What are the ramifications?

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficult situations and decisions that can arise as part of the divorce process, especially in the beginning. Leaving your home is one of the most impactful choices involved. We can advise you of how to address this situation and how to make the decision that will protect your rights and interests as you go about the process of legally dissolving your marriage.

Who Should Move Out During Divorce?

Living under the same roof with your soon-to-be ex-spouse is often not the best course of action. Even in a collaborative divorce, there are likely to be many trying days ahead, and disagreements can severely affect the household and your children. You may struggle to remain civil, and you may worry about exposing your children to conflict. After you speak with a divorce attorney, if you are on reasonable terms with your spouse, you can attempt to decide together what the optimal decision is for everyone involved.

Leaving the residence does not mean you have abandoned your children. Family law judges understand that maintaining separate residences can spare children from the arguments and acrimony that commonly result from divorce. However, you should also be aware that moving out of your home without making arrangements ahead of time could result in unforeseen consequences. If your spouse will have exclusive possession of the home during your divorce, you may struggle to determine how ownership of the home should be handled going forward. Your spouse may also argue that they should be able to keep certain items in your home, such as furniture, appliances, or kitchen utensils. You may also continue to be responsible for paying various household expenses, such as mortgage payments and utilities, while also covering the costs of housing for yourself.

A skilled divorce lawyer can help you understand the consequences of moving out of your home, and they can advise you on the best steps to take to protect yourself and resolve disputes during your divorce. They can also work with you to create a parenting plan that addresses your new living arrangements and ensures that you will be able to spend parenting time with your children in your new home.

Contact a DuPage County Divorce Lawyer

Divorce is one of the most stressful situations a person can endure, and deciding which spouse should move out of the family home can compound that difficulty. Do not move until you speak to a Wheaton, IL divorce attorney. Contact our firm at 630-665-7300 for an Initial Attorney Meeting.

If Move Out am I Abandoning Children Impact

If I Leave My Spouse and Move Out of Our Marital Home, Will I be Accused of Abandoning the Marriage or My Children?

DuPage County Family Law Attorneys Answer Questions Related to Moving Out of the Marital Home

When you and your spouse determine that the dissolution of your marriage is in the best interests of all parties, it is reasonable to assume that one spouse will move out. This is especially relevant if tensions have been high or if there have been several disagreements. Deciding which spouse should move out of the family home can be emotional. When and where you decide to move can have a big impact on your divorce, especially if you and your spouse have children.

You may want to leave as soon as possible if your relationship with your spouse is not amicable. However, you will want to know how that will affect your parenting rights and parenting time and if moving out of the family home equates to abandoning your children.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficult decisions you need to make, especially if your relationship is rocky. It is vital to speak with your attorney before you move out – even if you intend the move to be temporary.

When Should You Move Out During a Divorce?

Continuing to live with your spouse in the family home during a divorce can be chaotic, especially if there is constant bickering. Disagreements can affect not only your mental and emotional health, but they can affect your children as well. If you are struggling to remain amicable, speak with your divorce attorney and get the guidance you need.

Moving out of the home does not necessarily mean that you abandon your marriage or your children, but it can allow your spouse an opportunity to be designated as the primary residential parent. If your spouse and children remain in the family home, you may have a harder time when the courts begin the process of allocating parental responsibilities.

Even if you do not have children, do not move out of the marital home without first speaking with your divorce attorney. Moving out during the divorce can affect childless couples as well. For instance, if you were the higher-earning spouse and left, you may be required to continue to pay the bills under a status quo ante order. This could result in financial strain as you pay for a new residence for yourself and continue to pay the bills of the marital residence.

An experienced family law attorney can guide you through the details – such as when to move out – as you work through the divorce process.

Contact Our Wheaton, IL Law Office

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that navigating through a divorce can be overwhelming. As family and divorce attorneys, we are experienced in advising couples through these difficult periods.

For more advice, please contact us for an initial consultation. Call 630-665-7300 to speak with our Wheaton, IL attorneys. Our office is conveniently located in Wheaton, Illinois, and we represent clients throughout DuPage, Kendall, and Kane counties.

My Spouse and I Are Still Living Together. Can We Still File for Divorce?

DuPage County Family Law Attorneys Answer Divorce Filing Questions

When you and your spouse decide to file for a divorce, you will encounter many legal and personal questions. You will need to make important decisions regarding the division of marital property, spousal maintenance, and the allocation of parental responsibilities and parenting time (formerly known as child custody and visitation). However, before you can begin to address these issues, you will need to understand the legal requirements that you will need to meet as you embark on the divorce process.

As you prepare for divorce, it is likely that one of the first issues that will need to be addressed will be your living arrangements. What if you cannot move out of your home immediately? Can you still file for divorce? How will ownership of property and other financial issues be handled during your case? What can you do to protect yourself as you make adjustments to your living arrangements? At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the trying decisions that often arise as the divorce process unfolds. Deciding when (or if) to move out and where to live can be overwhelming financially and emotionally. We are here to advise you on the best steps you can take to protect yourself, and we can provide you with effective legal representation during your case and help you resolve any issues you may encounter.

Does One Spouse Need to Move Out Before Filing for a Divorce?

Continuing to reside in the same house as your spouse may not be ideal, but in some circumstances, you (or your spouse) may be unable to move out prior to the divorce. If you are currently unemployed, underemployed, or working as a homemaker, it is reasonable to secure a source of income before moving out. Moving out of the family home too quickly could exacerbate your financial worries or negatively impact the allocation of parental responsibilities and parenting time.

If you are working through your divorce amicably and have discussed this with your divorce attorney, you may still file for divorce while residing in the same family home. Under Illinois law, it is possible to file for a divorce even when you and your spouse continue to live under the same roof. Previously, divorcing couples were required to live separate and apart for a specific length of time prior to being granted a divorce. Now, however, family law judges only require irreconcilable differences as the grounds for divorce. Irreconcilable differences refer to the breakdown of a marriage to a degree that any future attempts at reconciliation are either not possible or not in the best interest of the entire family. If you and your spouse agree that you have irreconcilable differences, you will be able to proceed with your divorce, regardless of your living situation.

Contact a DuPage County Divorce Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we recognize the numerous decisions that must be made during the process of divorcing your spouse. Because your living arrangements can directly affect the divorce process, it is vital to speak with a Wheaton, IL divorce attorney before making any logistics decisions. Together, our dedicated team of attorneys has decades of family law experience, and we can ensure that you understand the best ways to protect your rights and interests as you work to end your marriage.

To schedule an Initial Attorney Meeting, contact our firm at 630-665-7300 today. We provide representation for clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Downers Grove, and throughout DuPage, Kane, and Kendall Counties.

Is it Possible for My Ex-Spouse and Me to Have a Lot of Flexibility in Our Parenting Time?

Is it Possible for My Ex-Spouse and Me to Have Flexibility With Our Parenting Time (Formerly Known as Visitation)?

DuPage County Attorneys Discuss Flexibility in Parenting Time Arrangements

When you and your spouse decide to officially end your marriage and get a divorce, there are many issues to address, including the division of assets and the calculation of child support. One of the most pressing matters related to child custody is determining when and for how long you will see your children. Parenting time, formerly known as visitation, is without a doubt an important topic. Parenting time is the amount of time a parent spends with the child or children. During this allocated time, the parent oversees the child's daily schedule, nutritional needs, and general well-being. Parenting time does not refer to the authority to make major decisions; the allocation of parental responsibilities determines this. Note that parenting time may also apply to you even if you and your co-parent were never married.

Our dedicated team of Wheaton, IL attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you navigate through this process, and we will work to protect your rights as a parent. We have decades of experience helping parents create parenting time schedules that work well for all parties involved.

How Parenting Time Schedules Are Determined

If you and your ex-partner are struggling to create a parenting plan that pleases everyone, it is a good idea to speak with an experienced attorney. Each parenting plan varies based on a family's unique situation, but it is important to remember that in Illinois, there is not a minimum amount of parenting time required by law. Throughout the process of determining the time you will have with your children, you may be awarded a temporary parenting time schedule while the final details are worked out.

There are many factors involved in creating a parenting time schedule, including:

• The child's wishes;
• The distance between the parents' houses (i.e., weeknight parenting time may not be feasible for a parent living a long distance away);
• The desires of each parent;
• Each parent's level of participation in child care during the past two years;
• Transportation and logistics issues;
• The child's safety and well-being during visitations; and
• The willingness of each parent to co-parent amicably.

Once the parenting time schedule has been established, it is not unreasonable for either parent to desire flexibility in the schedule from time to time. While many parenting time schedules involve alternating weekends, the reality is that a parenting time schedule can be as flexible as both parties want it to be.

If you would like to create a more flexible arrangement, it is important to work with a child custody lawyer to ensure that you understand your rights before making any changes or deviations in your parenting time schedules. Significant changes to your parenting plan may require mediation or a modification to your existing parenting plan.

Contact Our DuPage County Parenting Time Lawyers

If you have concerns about your parenting time arrangements, contact an attorney to discuss your needs. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have decades of experience creating parenting plans. To schedule an initial consultation, contact our Wheaton, IL law office at 630-665-7300. We represent clients throughout DuPage, Kane, and Kendall Counties.