Relocating During A Divorce
Although each divorce is different and legal advice must be tailored to the individual’s circumstances, certain steps are useful for anyone facing divorce.
One point is for certain: do not move out unless absolutely necessary. Terminating a marriage causes trauma that reverberates through the lives of each family member. One spouse moving out is often the most jarring part of the process. Living together as a nuclear family – husband, wife, and children – is an efficient arrangement. Pooling of resources and division of responsibilities benefits everyone’s pocketbook and peace of mind. Maintaining this arrangement, and the efficiencies it creates, is why parties should reside together until they have a better handle on what the future holds.
If remaining in the marital residence creates a dangerous environment or if tensions are simply too high, than one party must move out. The following will allow the spouse who moves out to understand some of the tasks he or she must accomplish and considerations he or she must make before moving out.
Assess Income
The relocating party will need to assess the total income for each party. If both are salaried employees, assessing income is fairly straightforward. Assessing income can be especially challenging when one party is self-employed, owns a business or has investment income. Income from sources other than employment such as investment accounts, trust funds, rental property, pension/disability payments, and royalties should also be assessed.
It is imperative to ascertain each spouse’s income for several aspects of a divorce, especially child support and spousal support. Because it is easier to obtain accurate records while residing together, this should be done well in advance of moving out.
Documenting Income
Prior to moving out, all documentation relating to both spouses income should be gathered. For salaried employees, this means photocopying pay stubs, tax returns and bonus statements. For the self-employed spouse, bank account information and loan applications are often most helpful.
Itemize Property and Debt
Before moving out, itemize all assets on a spreadsheet that includes details about the value of the asset—its purchase price and the estimated fair market value.
Be certain to check the contents of any self-storage facilities or safety deposit boxes and include them in the itemization. Finally, take pictures of all the physical assets: china, art, jewelry, vehicles, etc. Pictures will preserve both the existence and condition of the property at the time of separation.
In addition to the assets, also itemize debts on the spreadsheet. This itemization should detail the amount of principal owed, interest rate, name and address of the creditor and account numbers.
Consult Professionals
Every person involved in a divorce will need a trusted advisor as soon as you have moved out. Consult a lawyer who can help make the best decisions possible. A lawyer can assist in creating a strategy and determining expectations.
In addition to an attorney, it may be necessary to consult a mental health provider to help with emotional issues. In some instances, it may also be appropriate to hire a private investigator or an accountant.
