It’s understandable that you want to move out quickly as soon as you decide to get divorced. And, you get eager even if your divorce is not finalized. Even if you file your divorce paperwork today and your spouse agrees and signs off on everything, it does not mean everything ends. Here’s the reality: Even an uncontested divorce can take about 30 to 60 days, and the contested ones can take about months or longer.
Read more about How Long Does a Divorce Take in Florida.
If there are disputes about the property division, debts, parenting, and other issues, it can even take months to resolve. It’s totally normal that you don’t want to continue living with your partner once you’ve decided to move out.
So, What To Consider Before Moving Out During a Florida Divorce
Moving out before finalizing your divorce might feel like the right step, but in Florida, it can come with some legal and financial consequences. It usually happens when you don’t plan carefully. Before you decide to leave your family home, you need to know how your decision can affect your finances, your children, and the overall result of your divorce.
It Can Affect Timesharing
If you have children and you are moving out without a clear parenting plan, it can impact timesharing with your children. Florida focuses on the child’s best interest, and the presumption now is that each party has 50/50 timesharing.
If you are unable to come up with a temporary timesharing agreement with your spouse, it will be necessary to file a motion to establish temporary timesharing while the case is pending.
Create a Time-Sharing Plan
If one parent moves out and does not care about their child, those patterns will be considered by the court when making a final decision. So, make sure to create a written temporary time-sharing plan before you move out. It should highlight where the child will live, a clear parenting schedule, and how decisions will be made. You can create plans together or hire an attorney.
Where you move to can also affect your parenting plans. If you move more than 50 miles away from the residence this may cause issues with timesharing going forward.
Your Responsibility for the Family Home
If you are moving out of the home you co-own with your partner, it does not mean that you can give up on your ownership rights. However, it can also have a significant impact on your financial situation and access to the property when a divorce is pending.
The home is usually considered a marital asset, and the court will ask you for the equitable distribution. Even if you move out, you will still be responsible for property taxes, mortgage payments, homeowner’s insurance, utilities, and maintenance. If your name is on the mortgage, the lender expects payment from you, regardless of who you are living with or sharing with.
Read more about: How Property Is Divided in Florida Divorce Cases (Marital vs. Non-Marital)
Create a Temporary Agreement
Most people find it difficult to cover the expenses of the marital home and a new place to live. That’s the reason most spouses choose to live in the same house temporarily until they decide on whether to sell the property, change the person’s name, or make other long-term arrangements.
Keep in mind that once you leave, it can be difficult for you to access financial records, personal belongings, and important documents. It can even create complications when preparing for divorce or dividing property.
Read more about: Do Stay-at-Home Spouses Get Alimony? Florida’s Alimony Rules Explained
So, when you decide to move out, it is a good idea to work out a temporary arrangement with your partner. You can decide who will pay which bills, who can cover the mortgage, and how and when you can access your belongings.
In case you or your spouse don’t want to agree on the plan you have made, ask the Florida court for temporary relief. A judge issues orders that decide who can stay in the home, divide expenses, and allocate access to your personal property.
Leaving a Rental Property
If you were living in a rented home and your name is on a lease, you are still responsible for the rent. In Florida, if your name is on the lease, you are responsible for paying rent, any damages, and following the lease terms. It follows even if you don’t live in the apartment.
If your spouse stops paying rent or causes any damage, you will be accountable for that. When there are missed rent payments or unpaid balances, these can negatively impact your credit. It becomes harder for you to rent another place or qualify for loans in the future.
Read more about: How to Prepare Financially for Life After Divorce
Negotiate an early Termination
Before you leave, speak with your landlord about your opinions. You can ask to remove your name from the lease, create a new lease in your spouse’s name(if you both agree), or allow early termination under certain situations. If you both don’t have a plan to stay, you can help find a replacement tenant or negotiate an early termination. Some landlords can agree, but everyone has their own policies.
Florida law usually provides protection to tenants who leave due to domestic violence, stalking, or similar situations. In some cases, it is possible to terminate your lease early without a full penalty.
However, you may need to provide a written notice and submit supporting documentation. If you and your spouse cannot agree on who will pay the rent, you can ask for temporary relief during your divorce. A judge can issue an order for dividing responsibilities for rent.
Shared Debts Don’t Go Away
If you and your spouse share debts such as loans, credit cards, or a mortgage, moving out does not mean you can take a step back from paying them. If your name is on the account, the creditors will ask you for the payment, no matter what agreement you and your spouse make. If you miss payments due to miscommunication or disagreements, the credit scores of both parties can be negatively affected. It can lead to penalties, increased debt, and long-term credit damage.
If you and your partner are on good terms, you can create a list of all shared debts, decide on who will pay what, and set clear expectations for the payment timelines. Wherever possible, you can check options like refinancing loans in one person’s name or closing or freezing joint accounts.
Even if a Florida court orders your spouse to pay a specific debt, creditors are not bound by that order. You can still be held responsible if your name is still on the account and the payments are getting missed.
Take A Next Step With Us
In some situations, when you decide to get divorced or you stop communicating, you consider moving out quickly. However, you may want to take steps to protect your rights and finances before moving out. The lawyers at Affordable Divorce Center can help you and your partner to find solutions for the problems that arise in such a situation.
