If We Get a Divorce, Do I Have to Move Out?
Sept. 15, 2021
Divorce can take a toll on a family—especially when there are children involved. The stress can build up, and it may seem like there is no end in sight. You may wonder: do you have to move out of your home? At Iwanyshyn & Associates, we understand the struggle that comes with a complicated divorce case, and we want to help you through it. If you live in Allison Park, Pennsylvania, as well as Pittsburgh, Wexford, Cranberry, or Gibsonia, set up a consultation with us to start the process.
Considerations for Living Arrangements
During a Divorce
Who can remain in the family home? This is an extremely emotional question. It becomes even more complicated if you have a child or children with your spouse. Since your home is an important financial asset, there are a number of factors to keep in mind:
Safety. When there is domestic violence present in a divorce, safety should be your top priority. You may temporarily leave, and if you have a child, you may take them with you—though it is important to get a temporary custody order. Also available is a protective order from the court that removes the abusive spouse.
Comfort. Comfort is also a priority even when violence is not present. The tension can be high, and it can be difficult to cohabitate with each other. The comfort of both spouses and any children involved is paramount.
Children. Children are always taken into account during a divorce. To leave the family home can be disruptive to them, so the court will consider all aspects of their well-being. The parents should also consider the well-being of the child and what is best for them.
Options in Pennsylvania
Several options are available for those in a complex divorce settlement in Allison Park and the rest of Pennsylvania. For example, there are situations where, because of finances, both spouses decide to stay in the house because they cannot maintain it alone.
Here are some of the options for living arrangements in Pennsylvania for a divorced couple:
Both spouses stay in the home. This can be because of the financial struggle of keeping the house separately.
Sell the home. It may be advantageous that neither spouse stays in the home, and sells it instead.
Buy the other person out. One spouse can choose to buy the other spouse’s share of the house so that they become the owner. Both parties should agree to this action.
Refinance the house. Refinancing the house can be beneficial to both people.
Agree to allow one spouse and child(ren) to stay in the house and then sell at a later date. This can be a good choice during the divorce proceedings so that you can focus on the divorce and not the financial dealings of the house all at once.
If the spouse who earns more leaves the family home, they must continue to contribute toward the home. This includes mortgage payments and insurance payments.
While there are many options available as to who stays and who leaves the family home, consider speaking with an experienced attorney to choose the right option for your unique situation.
Keeping the House
The person who stays in the house does not necessarily get to “keep” the house. While this can seem a bit confusing, it is because Pennsylvania divides property in divorce cases equitably. In other words, the State of Pennsylvania tries to divide all the property fairly between the spouses in the divorce.
Asset division is decided based on several factors, which include:
Length of the marriage
Whether a spouse was previously married
The age of each spouse
The health of each spouse
The marriage’s established standard of living
The “employability” of each spouse
Which spouse will have custody of any children involved
Pennsylvania does not, however, consider whose “fault” the deterioration of the marriage is attributed to. Keep in mind that In family law, the court can decide to place more “weight” on certain factors than others. It always depends on the individual case.
Getting the Experienced
Legal Guidance You Need
According to Statista, the divorce rate since 2015 in Pennsylvania has remained steady at 2.6 divorced per 1,000 inhabitants. The number of divorces in Pennsylvania is not likely to decrease in the coming months. With so many couples choosing to divorce, understanding the divorce process is vital, especially as it pertains to complex cases. Here at Iwanyshyn & Associates, we know what it takes to navigate this rough terrain. Whether you live in Allison Park, Pittsburgh, Wexford, Cranberry, or Gibsonia, reach out for experienced legal guidance. Set up a consultation with us today to see how we can help you find a path forward.