
Deciding to get divorced can be a difficult decision but hard choices are often made even before the first form is filled out. If you want to move out before filing for divorce you should understand the implications of doing so. It is crucial that you understand your rights and responsibilities before making any rash decisions. Contact a York County, PA divorce attorney for representation and legal advice during this challenging time.
Is Pennsylvania a No-Fault Divorce State?
Yes, Pennsylvania is a no-fault state for divorce, meaning that either spouse can file for divorce without proving the wrongdoing of the other party. Grounds for no-fault divorces generally include an irretrievable breakdown of the marriage and irreconcilable differences. While PA offers no-fault divorces, they recognize fault-based as well.
Does Pennsylvania Require a Period of Separation?
While many states are moving away from the required separation period before a couple can file for divorce, Pennsylvania state law continues to impose this rule. Couples who want to terminate their marriage in PA through a no-fault divorce have to be separated for at least 1 year before filing. In a fault-based divorce, there is no required separation.
What Happens if I Move Out Before Filing for Divorce?
Because Pennsylvania law requires a separation period, at least one spouse must move out of the marital residence. You are completely within your rights to move out before filing for divorce as it is required for the process. However, you may wonder if by doing so you are putting yourself at a disadvantage.
If you or your spouse intend to file a fault-based divorce, moving out could be considered abandonment in some cases. This can impact property distribution, child custody and support, and alimony.
Keep in mind that PA is an equitable distribution state, meaning property is divided fairly but not necessarily equally. If you move out it can complicate asset division regarding who gets what property.
If you have children, moving out can have serious implications in terms of child custody and support. PA courts generally try to maintain stability for children, so sudden changes like a parent moving out can affect custody decisions.
You may also be required to pay alimony to your spouse during the period of separation in addition to continuing to contribute to the home like the mortgage payment, food, extracurriculars for your children, etc. Not to mention these responsibilities will be in addition to maintaining your new residence. In this way, it can be a significant financial burden for you to leave the family home.
It is highly recommended that before moving out you and your spouse establish an agreement outlining a custody, property, and support plan to avoid disputes and issues later.
Remember that in a no-fault divorce, a period of separation is required. Moving out before filing a no-fault divorce should have minimal consequences and is necessary to move the process along. Contact an experienced family law attorney for more information and legal advice.