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If We Get a Divorce, Do I Have to Move Out?

Aug. 11, 2020

According to the Kansas Department of Health and Environment, in 2016, there were about 7,198 divorces in Kansas. Every Kansas divorce has an emotional component, and the subject of moving out of the marital home or living arrangements must be addressed. If you are considering a divorce and trying to decide whether to move out of your home, consulting with an experienced Kansas family law attorney is crucial for proper guidance.

Rundberg Law, LLC, has been providing experienced legal counsel and advocacy to clients in matters of divorce, property division, and support issues for over 20 years. I will work to protect your rights and help you navigate key decisions during your divorce process. Contact me for a free consultation. I proudly serve clients in Overland Park, Johnson County, and surrounding counties throughout Kansas and Missouri.

Should You Move Out of Your Marital Home During a Divorce?

For most marriages, the marital home is the largest and most valuable asset. Understandably, most individuals are often emotionally connected to the home. After all, you work really hard to make the house your home. You pay the household expenses, love your neighbors, mow the lawn, and are close to your children and friends. As a result, deciding whether to vacate your marital home during a divorce can be extremely difficult. Depending on your unique circumstance, here are some factors that may impact your decision:

Safety and Comfort

Your safety and comfort are crucial. If your partner has a history of abuse or domestic violence, you should take every necessary step to secure your safety. This may require you to go to court for a protective order. If granted, the judge may order the abusive spouse to move out of the house. If you are in immediate danger, then leave the house and get to a safe location.

Another alternative may be to leave the marital home temporarily until the divorce is finalized. You may also take your kids along with you if they are at risk. Though, this may require a court order for temporary child custody.


Where applicable, who stays in the marital home is typically a function of who has primary custody of the kids. Judges are aware that changing the children’s home may have a negative affect on them. As a result, the court prefers to maintain the status quo as much as possible. Nonetheless, the parent who moves out may still establish a parenting schedule to enable him or her to spend more time with the kids.


Finances should also be considered when deciding whether or not to move out. The individual who has sufficient income to continue paying the household expenses may decide to remain in the home. However, depending on income levels, it may be necessary to sell the house and divide the equity.

What Are Your Other Options?

If moving out of the marital home isn’t possible, other options may include:

Both Stay in The Home: If it isn’t financially possible for you and your spouse to maintain two separate residents, another option is to continue living in the home together until the divorce is finalized.

Sell the Home: Depending on the financial situation, many people may have to sell their marital home because there is equity to be divided. In some cases, one spouse may want to buy the other spouse’s share of the equity in the home so that they can stay and maintain ownership.

Bird-Nesting: This involves living in the home with the kids for alternate periods. Essentially, the kids stay in the house and it's the parents that come and go. While a parent stays with the kids, the other may be staying with a friend or family member nearby.

The fact that a spouse is staying in the marital home at separation does not necessarily mean that spouse is more likely to keep the house during property division. Kansas and Missouri law require that marital property in a divorce is divided equitably. Even if one spouse gets to keep the house, the other spouse will receive either money or other property of similar value.

How a Divorce Attorney Can Help

The divorce process can be overwhelming. Having a knowledgeable divorce attorney is crucial to determine the best course of action and help you navigate key decisions. Rundberg Law, LLC provides the experienced legal guidance and advocacy you need to get through this difficult period in your life. As an experienced Kansas divorce attorney, I can help you fight compassionately to protect your rights, family, and future.

Hire an Experienced Divorce Attorney in Overland Park, Kansas

If you are considering divorce and trying to decide whether or not to move out of your marital home, call Rundberg Law, LLC today to schedule a free one-on-one case assessment. I can offer you the proper guidance you need to navigate key decisions in your divorce. I am proud to serve clients in Overland Park, Johnson County, and surrounding areas across Kansas and Missouri.