Abandonment
If I move out prior to filing for divorce, is that considered abandonment? I’m Oklahoma Lawyer James Wirth. This is a common question that many individuals have when navigating the divorce process. Abandonment can be a complex issue with various implications, especially in the context of divorce proceedings. In Oklahoma, a no-fault divorce state, abandonment is just one of the many factors to consider.
In Oklahoma, you can file for divorce on the basis of irreconcilable incompatibility, without having to prove fault on the part of the other party. However, abandonment can still be alleged as a basis for fault in a divorce case. It’s important to understand that simply moving out does not automatically constitute abandonment under the law.
Considerations When Moving Out
Abandonment, as a legal basis for divorce, typically requires one year of abandonment. If you are considering moving out of the family home prior to filing for divorce, it’s essential to consider the potential consequences. Judges often prefer to maintain the status quo in divorce proceedings, which may impact issues such as property division and child custody.
If you want certain assets or custody arrangements to be in your favor, it may be strategic to remain in the family home until the divorce is finalized. Judges may be more inclined to award assets or custody rights to the individual who has remained in the family home, rather than the one who has moved out.
Consult with an Attorney for Personalized Advice
Ultimately, the decision to move out before filing for divorce should be made with careful consideration of your specific circumstances and goals in the divorce process. Consulting with an experienced divorce attorney can help you understand the potential implications of moving out and strategize the best course of action for your case. Contact our office at makelaweasy.com to schedule a low-cost initial strategy session and get personalized advice tailored to your situation.
