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My Spouse Has Demanded that I Move Out! What Should I Do?

Updated: Mar 21, 2023

It’s a common scenario when a relationship breaks down to a certain point that one spouse will demand that the other spouse move out. What should you do in that situation?

A Person Being Asked to Leave his Home

Moving out of your traditional home can potentially have long-term consequences. This article discusses the primary source of concern related to such moves: the potentially adverse consequences (to you) of custody arrangements for children.

You should know that your spouse cannot force you to move out without your consent or absent a court order. You should also know, however, that if your spouse files for a divorce and asks a judge to issue temporary orders mandating that you move out, these orders may very well be granted, especially if you have minor children and your spouse is the primary caretaker of those children. Divorce Attorney in Austin Texas

It’s also a sad truth that temporary orders often become permanent orders after a certain status quo is established.

Although courts consider many factors when issuing orders related to child custody, if you and your spouse have minor children, moving out may affect your chance of obtaining primary conservatorship, especially if you move too far away from your children, or into a residence that doesn’t have sufficient room for them to stay with you.

When deciding child custody issues, courts have the responsibility to look after the children’s best interests. When doing this, they generally strive to minimize the impact of divorce on children. They do this primarily by ensuring that the children have stable living arrangements. That means if children already have a proven track record of doing well in a set routine, judges are likely going to uphold that routine. It also means that if you move out and the children stay in the home, absent other factors, that’s likely going to be the established arrangement going forward. Contact a Good Divorce Attorney in and near Austin Texas

In short, before agreeing to move of a marital home, it is best to contact an experienced family law attorney. As each situation is unique, it’s impossible to provide adequate advice without considering each specific situation, but it’s always a good idea to talk with an attorney you can trust about the potential consequences and the potential alternatives when facing a decision to move out.

At the very least, this could allow you to go forward with the very best footing in accordance with your goals.

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