Afsana Chowdury | April 25, 2025 | Divorce
Going through a breakup or divorce in Virginia is never easy. This is especially true when you have been married for many years. It is an extremely difficult and emotional time. For some people, it may be one of the most difficult times of their lives.
Once you have decided to call it quits, you more than likely want things to be over as quickly as possible so that you can move on with your life. After all, things can get a little complicated when you still live in the same home. So, can you move out in the middle of a divorce? The answer is yes, but that decision could have some legal implications.
Implications of Leaving the Home During a Divorce
You can always choose to leave the marital home during a divorce. Some people find that they are no longer able to live under the same roof with their soon-to-be ex-spouse. Others are ready to move on and start their new life. No one can force you to physically remain in the home, but moving out could have a few legal implications that you should be aware of.
Property Interest in the Home
More than likely, your marital home is considered marital property. You and your spouse both have financial and ownership interests in the home. Leaving will not result in your losing your legal interest in the home. However, there is a caveat.
If you leave the home, be mindful of this situation before you stop contributing toward:
- Home mortgage
- Mortgage interest
- Property taxes
- Other home-related financial obligations
Your spouse could acquire a larger ownership interest in the home if they continue to pay for these items independently. For instance, if your spouse is paying for the mortgage without your contributions, they may be entitled to a larger share of the home upon final division of the assets.
This does not necessarily mean that you should continue to help pay for the home after moving out, unless you are under a court order to do so. In that case, you should always follow what the court order directs you to do.
Grounds for Divorce
In Virginia, abandonment can be considered legal grounds for a fault-based divorce. This can have some legal implications, especially in a contested divorce. If you decide to move out of the home, your spouse could try to claim that you have abandoned the marriage.
In uncontested divorces, this is not as likely to be an issue. Similarly, abandonment usually only applies if you desert your spouse for a period of 12+ consecutive months. If you are already in the middle of a divorce, then moving out is not likely to affect the grounds for the divorce.
Moving Out of a Rental Home
Some married couples live in rental homes, and the considerations there can be slightly different. Neither you nor your spouse has an ownership interest in a rental. However, you should know that you both may be parties to the lease.
Leaving the home and moving out could result in a breach of the lease, which could cause additional legal and financial problems. So, make sure you understand your lease terms before you move out. Whether you live in an apartment, a home, or a rental home, the best thing to do is to consult with an experienced lawyer before you move out.
Should You Move Out During a Divorce?
Whether or not you decide to move out during a divorce is a personal decision you must make on your own. There are some instances in which you should absolutely move out. If you are experiencing domestic violence, you should remove yourself from that situation as soon as possible.
Fleeing domestic violence should never be held against you in divorce proceedings. If you find yourself in this situation, you should also consider getting a restraining order or protective order. You may be able to stay in the home and have the court force your spouse to move out. Consider talking to an experienced attorney to help you through this difficult situation.
Contact The Family Law Firm of Law Office of Afsana Chowdhury, PLC in Fairfax, VA.
For more information, please contact an experienced family law attorney at Law Office of Afsana Chowdhury, PLC to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve Fairfax, VA, and its surrounding areas
Law Office of Afsana Chowdhury
10805 Main St STE 700A, Fairfax, VA 22030
(703) 271-6519
