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Divorce often becomes imminent once a marriage is drifting apart. However, going through a divorce is never an easy thing. It is a process that makes spouses asks many questions from their Grand Rapids divorce attorneys. One of such questions commonly asked by spouses contemplating or starting a legal divorce procedure is whether they can stay in their marital home while getting a divorce or simply move out. There are no hard and fast answers to this question since there are many factors that must be considered when thinking of whether you or your spouse or even both of you can stay in the marital home before and while the divorce proceedings last. The most important guiding principle therefore is that no two divorce cases are ever the same so that the expert advice of attorneys Grand Rapids is very valuable when it comes to divorce matters and family law and they are well qualified to advice you on what should or shouldn?t not be done considering the facts and the circumstances of your divorce case.
Who owns the marital house?
The question of who owns the marital house is the first consideration in deciding who might stay or move out of the home while getting a legal divorce. If the house is owned jointly by both spouses, then they both have the right to it until it is legally settled by a divorce court of law. Even if the house is owned by an individual, the family law still permits the other spouse a legal right to dwell in the home till the marriage is legally dissolved by the pronouncement of a judge. Therefore, it is only a court of law that can fully decide on who stay in the house even after the divorce procedures must have been completed. The best advice is to always consult with Grand Rapids divorce attorneys.
What are the implications if you leave the marital home before the legal processes are concluded?
On most occasions, a spouse may leave the marital home before the final divorce legal judgment is obtained just to avoid tension, emotional verbal outbursts, and physical confrontations. However, there are assumptions that could be deduced during the divorce proceedings if you move out before the order of the court is obtained in your divorce case. Firstly, your action could be interpreted to mean that you abandoned the home possibly because you have excess money for acquiring another residence. Secondly, it could also mean that you found it convenient to walk out on your children and so you cannot be trusted with the proper care of your children. All these implications may result in your spouse gaining the house as well as the custody of the children while you are made to pay alimony or it may deprive you from collecting alimony except if you moved out based on the advice of your attorneys Grand Rapids and issues like violence could be proved successfully against your spouse.
Author is Sandra Vanderhyde, a Grand Rapids Lawyer. For more information on
Grand Rapids Attorneys or to schedule a free consultation, contact
Watt & Vanderhyde Law at 616.776.0000, Or visit their website at
http://www.wattvanderhydelaw.com/
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