Should I Move Out if We’re Getting a Divorce?

 Posted on June 22, 2025 in Divorce

When a marriage is ending, being in the same home as your spouse can be very uncomfortable. For many people, the idea of moving out seems like a way to avoid conflict and get the ball rolling, especially if you share minor children. But in Texas divorce cases, moving out of the marital home before a final order is entered can come with legal and strategic consequences. Before you pack your bags, it is important to speak with a family lawyer who understands how the decision might affect your rights.

Attorney Bacalis is a Hurst, TX divorce attorney and Board Certified Family Law Specialist who has helped families throughout Tarrant County navigate complex divorce issues. Our firm offers free consultations so you can make smart, informed decisions at every step.

Can Moving Out Affect My Property Rights in Texas?

Texas is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned (Texas Family Code, Chapter 7). Simply moving out of the home does not automatically give up your rights to the property, but it can affect how the court views possession, financial contributions, and your access to information and documentation.

For example, if your spouse remains in the home and controls access to mortgage records, financial files, or valuable items, you may be at a disadvantage during negotiations. Staying in the home may also be important if you want to preserve your right to request reimbursement for mortgage payments, taxes, or repairs made before the divorce is finalized.

How Does Moving Out During Divorce Affect Custody?

If you have children, moving out without a clear temporary custody order can be risky. Courts in Texas consider the best interests of the child when determining custody, and stability is a major factor. If you leave the home and your spouse remains with the children, that parent may appear to be the primary caregiver even if the parenting responsibilities were previously shared.

This does not mean you must stay in a toxic or unsafe situation. However, if you plan to leave, it is best to speak with a lawyer about how to request a temporary custody arrangement that protects your parenting time and maintains your bond with the children.

What Should I Do if I Feel Unsafe in My Home?

If your safety or your children’s safety is at risk due to domestic violence, abuse, or intimidation, leaving the home may be the right call. In such cases, the court may grant a protective order and require your spouse to leave the home. Work with an attorney to document the threat, involve law enforcement if necessary, and make a plan to keep yourself and your children safe.

Can Moving Out Help Reduce Conflict?

For some couples, living apart during the divorce process may help ease tensions and avoid unnecessary arguments. That is especially true when both parties are committed to a peaceful resolution. However, even in lower-conflict divorces, it is important to establish a formal temporary agreement that covers custody, financial responsibilities, and possession of the marital home.

Without a temporary order in place, misunderstandings can escalate into costly disputes. A lawyer can help you prepare and file a motion for temporary orders that clarify the arrangement and prevent either spouse from using the move-out as leverage later in the case. 

Contact a Hurst, TX Divorce Lawyer Today

Whether you decide it is better to stay in your home or leave, talk to a Tarrant County, TX family law attorney at Daniel R. Bacalis, P.C. first. We can guide you through the risks, the benefits, and the legal strategies that apply to your situation. We offer free consultations and are here to help you take the next step once you fully understand your options. Call 817-498-4105 today.