When You Can Leave the Marital Home During a Divorce

It is normally advisable for you to remain in the marital home until your divorce has been finalised. However, some circumstances may warrant the need to move from the marital home even if the divorce hasn't been concluded as yet. This article discusses some of those circumstances.

New Employment

It may be necessary for you to leave the marital home while your divorce is being processed in case you have got a new job which is far from where you stay. Going nearer to the place of employment helps you to focus on your work without spending a lot of time and money commuting. Moving closer to the new place of employment also serves the added benefit of helping you to adjust to your new life as a single person.

Spousal Abuse

It may also be wise to leave the marital home if your spouse is abusive (mentally or physically). Leaving the shared place of abode allows you to be free from that abuse as the divorce proceedings go on to grant you permanent freedom from ever being victimised by your former spouse again. Getting a restraining order may not give you sufficient peace of mind if you still live with that individual against whom you got the restraining order.

The Pain of Infidelity

Some people decide to leave the marital home while divorce proceedings are ongoing because they can never bring themselves to live under the same roof with someone that they loved and trusted yet that person cheated on them. Leaving the home helps to dull the pain of the betrayal as a final divorce decree is awaited.


You may consider leaving the home you shared with your spouse if you notice that you are claustrophobic when you share the same space with an individual that you now detest and wish to divorce. You don't have to remain in such an environment just because your divorce hasn't been finalised as yet. Move out and attend the proceedings while living in another home or apartment.

Remember that moving from that marital home doesn't alter any of your rights and obligations until a court of law changes them. For example, you will still have to contribute towards the mortgage in case it was taken out jointly. Your parenting rights also stay the same. Contact a family law attorney in case you feel that any of your rights is being denied by your spouse simply because you left the home before the divorce was concluded.