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    November 6, 2024
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    Child Custody, child support, Divorce, family law
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    Steve Hemmat

Why You Should Think Twice About Moving Out During Divorce in King County Without a Plan

Moving out during the divorce process in Washington state can affect your custody claims, financial obligations, and property rights. Learn more about how to plan for your post-divorce future by discussing your options with a trusted Seattle divorce attorney.

Coping with the failure of a long-term relationship is rarely straightforward or simple. Regardless of whether your marriage has endured for a few decades or a handful of months, recognizing that going your separate ways is the best path forward can be emotionally draining and overwhelming. It’s natural to mourn your relationship as you adjust to the idea of moving into an unknown future. When you married your spouse, the last thing you pictured was finding yourselves exploring your divorce options and negotiating property division and child custody matters. However, it’s important to understand that the divorce process, as overwhelming and intimidating as it may seem, offers individuals in your situation a stable path forward. Moreover, you do not have to work through every daunting step on your own. When you enlist the guidance of a highly experienced and caring Seattle divorce attorney, you can feel more empowered to make fully informed decisions with greater clarity and confidence. Your knowledgeable and compassionate divorce lawyer can answer your questions, address your concerns, and support you at every stage of the divorce or legal separation process. 

While there are many aspects to address during the divorce process in Washington state, it’s helpful to familiarize yourself with some of the potential effects certain actions may have on the legal proceedings and your post-divorce future. For instance, many people exploring their options for ending their marriages ask themselves questions such as, “Should I move out during a divorce?” or “What happens if I move out during a divorce?” Let’s take a closer look at how the divorce process in King County typically unfolds and how moving out during a divorce (with or without a clear plan) can affect the outcome of your custody claims, financial obligations, property rights, and other aspects of your divorce. 

What to Expect During the Divorce Process in Washington State

First, it’s helpful to understand some of the basic components of the divorce process in Washington state. Many people who are unfamiliar with the divorce process tend to picture long, tense, and drawn-out courtroom battles when they hear the term “divorce.” Although some divorces may end up in court (particularly high-conflict divorces or divorces involving complex assets or considerations), many people are able to end their marriages through collaborative negotiations or mediation. Whatever the path to your divorce looks like, you will need to address certain topics and make several decisions along the way. For instance, you and your soon-to-be ex-spouse will need to determine how to divide up your marital property (i.e., assets that you acquired during the course of your marriage). Since Washington is a community property state, any property that you accumulated while you were married, regardless of which spouse actually acquired it, will likely be considered joint property. Additionally, you and the other party will need to negotiate the division of debts to ensure that you both walk away from the marriage on relatively equitable terms. In some cases, establishing a spousal maintenance agreement may be appropriate, especially when there is a considerable discrepancy between the earning capacity of the parties. If you and your spouse have children, you can expect to devote a substantial portion of your time to creating a parenting plan and negotiating child custody and child support arrangements. As intimidating and stressful as these topics may seem, you can rely on your caring and trusted Seattle divorce attorney to advocate for your best interests at every turn and provide you with the information and guidance you need to make these significant decisions. 

Should You Move Out During a Divorce in King County?

By the time divorce is on the table, you and your ex may have already started to spend your time apart. While it may seem natural for one party to move out of the shared residence, moving out without having a clear plan in place can affect the divorce in various ways. In fact, moving out during a divorce may impact your child custody claims, financial obligations, and even your property rights, so it’s worth exploring the potential consequences before making any major decisions. Below are just a few of the possible ramifications of moving out of a shared household before or during a divorce in Washington state.

How Moving Out May Affect Your Child Custody Claim

When a parent moves out of the family home, this means that they will be spending much less time with their children. While moving out of your house may seem like a strategic way to minimize conflict and shield your children from the stress and turbulence of a contentious living environment, this action can affect your custody claims later on. When the court reviews or establishes a parenting plan, it strives to keep a child’s life as stable as possible. So, if you have moved out and you are spending less time with your child at the moment, the court may seek to maintain consistency in your child’s life by keeping your parenting time similar to the way it is now. Unfortunately, this may mean that you will see your child far less frequently than you had hoped. One way to prevent this from happening is to create a parenting plan or child custody agreement before you move out so you can show the court that you have a genuine interest in being a parent and spending time with them. 

The Financial Impact of Moving Out During a Divorce in King County

Whether or not you are a parent, the divorce process will affect you and your spouse financially. Once the divorce is finalized, many people find themselves adjusting to the reality of moving from a dual-income household into a single-income living situation. So, how does moving out during a divorce affect you from a financial perspective? Well, when one party moves out of a home with their name on the title, this action could weaken their claim to the real estate property during the divorce proceedings. Your soon-to-be ex-spouse may argue that your quick move to leave your shared home indicates that you don’t care about your interest in the property, which could jeopardize your ability to negotiate ownership of the home during the divorce negotiations. Or, if you leave a shared home and yet continue to pay the bills, this could set an unfavorable precedent when the time comes to establish a spousal support agreement. For instance, the court may presume that your monthly utility payments on the home you vacated show a willingness and ability to continue doing so. Suddenly, a temporary situation could end up becoming a permanent, court-ordered obligation. Before you make any rash decisions, take some time to think through the possible implications of these actions to prevent any unforeseen consequences that could threaten your financial stability once the divorce is finalized.

Moving Out Can Complicate Your Ability to Access Critical Paperwork

Another potential impact of moving out during the divorce process concerns the logistics of misplacing or losing access to important documents and paperwork. When you are moving out of a shared residence, it’s easy to forget to bring documents and records with you. This paperwork is rarely your main concern when you are separating from your spouse, but it plays a significant role during the divorce process. Documents like bank statements, credit histories, loan documents, retirement account statements, life insurance policies, and other paperwork can help you negotiate favorable terms during the divorce process, so be sure to take these documents with you (or make copies). The last thing you want to think about when moving through a divorce is struggling to get back into the house you vacated to pick up these documents. 

Why You Shouldn’t Move Out During a Divorce in Washington

Divorce can be particularly difficult for those whose families or support systems are in another state. If you find yourself in this position, it’s natural for you to ask the question, “Can you move out of state during a divorce?” While no one can stop you from moving away during the divorce process, it’s almost always best to wait for the divorce to be finalized before you relocate to another state. Parents wishing to move out of state can face substantial complications when negotiating parenting plans and child custody matters. However, if remaining in Washington is not in your best interest, it’s worth discussing your situation with a caring and experienced Seattle divorce attorney who can help you identify the most strategic path forward. No matter what the details of your situation may be, your dedicated and compassionate legal advocate will work with you to protect your interests before you make important (and potentially disastrous) decisions. Together, you can lay the groundwork for a bright and stable future. 

When it comes to navigating the divorce process, you deserve high-quality legal representation that’s customized to support your unique needs. The dedicated legal team at the Hemmat Law Group is ready to guide you through the divorce process and help you achieve the best possible outcome for you and your family. Please call our Seattle office today at (206) 682-5200 to get started.

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The Hemmat Law Group (HLG) was founded in 1994 by Steven Amir Hemmat, a former DOJ Trial Attorney. We specialize in family law, supporting victims of the legal system.

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Our divorce lawyers provide expert legal advice for all aspects of divorce, including child custody, support and property division. Contact us today.

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Article by Steve Hemmat
Founder, CEO