A divorce can be both an emotionally draining and challenging situation. The gut reaction of a couple that goes through a divorce is to move out and take some time to absorb the impact. However, when one of the spouses leaves, they don’t know what to take and what to leave.
Suppose you are going through a similar situation and cannot decide which belongings or assets you can take. Keep reading! It is better to have valid information because anything done at this stage will affect the divorce. Managing Partner Tyler Monahan of Turner Monahan PLLC explains what to do when faced with such a situation.
He also stresses that It is better to discuss your actions before taking steps and moving out. So, to seek assistance, schedule a free consultation with Turner-Monahan, PLLC., Fort Worth, Texas at https://tumolaw.com/contact-us/
When can you move out?
In the video, Tyler Monahan says that moving out before the divorce is a personal choice. But, at the same time, It is hard to state whether you should or shouldn’t move out from an attorney’s perspective.
Let us go through the cases where you can consider moving out. For instance, If there is family violence involved, an individual can take steps and move out for their own safety.
Moreover, if you are the one who has the children, and you fear that there might be violent situations, then you can move out and take the children to a safer place.
Before a divorce is finalized, there are measures that can be used in court. It is a smart decision to speak to an attorney about the following:
- restraining orders
- protective orders
- kick out orders
These can assist in case one of the spouses is moving out or wants the other person to leave the house.
The restraining order, in particular, is the most helpful when you plan to move out. It prevents people from moving around items and property. In short, changing things up. The court’s job is to keep things status quo until there is a hearing on this matter.
What can you take with you?
This question might sound easy but plays a major role in the divorce process. For example, you can face allegations such as abandonment. Measuring your steps and being proactive is integral!
While moving out, you can take things that you use daily, such as your clothes, instead of removing everything. When you are moving out, and it is temporary, then you have nothing to worry about. The judge will not give orders to divide all your property in one day. The divorce process is going to take time.
Temporary Restraining Order (TRO)
Again, if you are still panicking about the things you are leaving behind then, your best option is a Temporary Restraining Order (TRO). The TRO will keep things under control. The person or people in the house cannot hide your belongings. In short, you can keep everything safe.
According to the Texas Family Code, Chapter 6, Section 501, Part 6, after the court grants a temporary restraining order, one or both parties will be prohibited from:
“intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either party with intent to obstruct the authority of the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.”
One can opt for other safety nets such as Prenuptial and Postnuptial agreements to dodge such situations completely. They act as guards that protect all the property, savings, investments, inheritance, etc. So, even if you move out and leave everything behind, whatever you own can not be taken away from you.
Divorce is indeed a very complicated and challenging issue that comes with a long list of documentation and processes. In order to have complete control of the situation, here is what you need to know. Furthermore, you can consult the attorneys at Turner-Monahan to get in-depth information. They are experts of family law and know the process of divorce inside and out.
Schedule a Free Consultation Session with Fort Worth, Texas Divorce Attorney
Separation is a very sensitive issue. It can take a toll on your mental health and can disrupt your life. The question of “what you should take with you when you move out before your divorce is finalized” isn’t the only one you will have.
To go through this phase mindfully, you will need assistance from the professionals who deal with such situations daily. You don’t have to face everything alone, with half the information. Instead, schedule a free consultation session with Tyler Monahan. He has extensive knowledge and experience in the areas of divorce.
The Fort Worth attorney can guide you from filing a petition for divorce to getting a restraining order. Get more information on the divorce process, or click here to find out more about our services.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
