I'm often asked, "Should I move out of the home during a divorce in Georgia?" It is not a simple answer and it really depends on your situation.
The first thing to understand is generally the marital home is the most valuable asset within the marriage. In Georgia you won't lose your interest in that property if you move out. But there are other things that you should consider. For example, if you move out, are you worried that your spouse will damage the property so that it loses value? Are you worried that once you move out the personal property items within the home will either be damaged or destroyed or disappear? If those are your considerations, you might think about staying.
Also, staying in the home or leaving the home, could be a consideration for the judge when making custody decisions. For example, if it's the only home that the children have ever known, moving out of the home might seem disruptive to the judge. It's something that you should seriously consider before moving out if it's been the children's only home.
On the other hand, there are safety issues that may make it reasonable for you to move out of the home. If there is the constant threat of violence or emotional abuse or verbal attacks and you are just not comfortable staying there anymore, that may be a reason for you to move and get some space. If there is actual physical violence, you need to call 911 and you may need a Temporary Protective Order (TPO). But you should not create that situation. So, don't engage in any of that behavior.
There are many issues for you to consider about moving out of the home during a divorce. Consider those things and maybe talk to your attorney.
I hope this helped. If you think it will help someone else, please share and if you'd like more information, please subscribe to my YouTube channel.
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355