ATA NBTA | The National Board of Trial Advocacy Association of Trial Lawyers of America Virginia Trial Lawyers Association National Asociation of Distinguished Counsel | Nation's Top One Percent | NADC AMERICAN INSTITUTE OF FAMILY ATTORNEYS

Moving in relation to a divorce

There are many changes a divorce can trigger in a person's life. One of these is a change in where they reside. Generally, when a couple divorces, one or both of the parties move out of the marital home and into a new residence. There are many different types of issues that can arise in connection to a divorce-related move.

One type are the practical issues that come with any move, such as: selecting a new place to live, getting the specifics of when the move will occur ironed out, packing and transporting things to the new residence. These practical matters can be stressful in the best of circumstances. In the shadow of a divorce, they can be even more so. Planning ahead when it comes to divorce-related moves may be able to help with this stress.

Such moves can also have emotional issues tied to them. The process of leaving a marital home and packing up various things that were connected to the marriage has the potential to stir up a lot of emotions in a divorcing individual. As is the case with any emotional issues related to a divorce, it is important for divorcing individuals to be aware of how emotions tied to a move may be affecting them and to reach out for help if they think they need it.

Divorce-related moves also can raise a legal issue: how will the various pieces of property that were in the marital home be divided between the two parties? When one thinks of property division in a divorce, one's mind might go to major financial assets or real estate holdings. However, it also can involve the division of personal property, such as furnishings, home electronics, etc.

One danger that can arise in relation to the issue of the division of personal property in a divorce is that parties may be tempted, given the high emotions of a divorce, to engage in intense battles over every piece of property, which can be very emotionally and financially draining. Thus, as is the case with division of property in general, when it comes to the division of personal property in a divorce, it can be very important for a divorcing party to keep in mind their overall post-divorce goals.

Source: Richmond Times-Dispatch, " Avoid a tug-of-war in divorce moves," Peter Bacqué, Oct. 25, 2014