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The divorce process was designed by the Michigan State Legislature to be a slow process.  It is hard to determine exactly how long the divorce will take.  If the case is simple and the divorcing spouses agree on everything then it can be done in a relatively short period of time, say a matter of a few months.  While the more issues, complications and disagreements there are, the longer a case will take, think a year or longer.  One question that comes up frequently in consultations is "when can I move out of the marital home"?  This blog is written to very generally address that issue, if you have questions regarding divorce or separation, please contact us by clicking on this link or calling (248) 608-4123 to schedule a consultation.

How Soon After I File For Divorce Can I Move Out Of The House In Michigan?

This is actually a very complicated issue and is completely dependent on the facts of each case.  The answer is that it really depends on a variety of factors including the ability to maintain two homes financially, whether there are children and many others.  First, it depends on whether the parties can afford to pay for two separate residences.  If one party moves out, they will still probably be responsible for some or all of the costs associated with the marital home and now the costs associated with the new residence as well and all of this added cost while paying for the lawyers and the divorce process.  There are subsets of issues involved with the finances as well, like is one party keeping the marital home or are they selling it, is there additional real estate available for the parties to live separately, who will pay what costs and others.

Second, another big factor is whether there are children.  If there are minor children involved, then it is highly advised that the parties have a written signed agreement or order from the court that spells out the interim custody, parenting time and child support provisions before anyone moves out of the marital home.  There also must be suitable sleeping arrangements for the children which increases the costs of the new residence and of course, it is probably not going to work if the plan is to move in with a new girlfriend or boyfriend and have parenting time at the new residence.

In most cases, the divorcing spouses stay in the home until the home sells or there is an agreement for one spouse to "buy-out" the other spouse's equity.  Often this is due to economics, it makes more sense in most cases to wait until you have the money for your share of the equity to move out so that you can use that money as a "down payment" toward your new home.  There are many other factors that can play a role which may make it harder or easier for you to move out of the marital home sooner rather than later.  If you are considering a divorce or separation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123..