Why Men Should Stay In Marital Home During Divorce

 Posted on July 31,2014 in Illinois divorce lawyer

Men and women face different challenges during marriage, as during divorce. Marital dissolution should not be approached the same by both sexes, and both partners definitely will need their own divorce attorney. Not only can a divorce attorney help to identify the specific and individualized issues you are facing in a divorce, he can also help you recognize crucial steps to take (and not take) to get the most from it.

According to the Huffington Post, one major mistake that men make far more often than women during divorce is to move out of the family home. Women, especially but not exclusively if children are involved, are more likely to stay in the family home post-divorce. This means that the man (or father) is more likely to leave. According to the Huffington Post, this is not advisable until the divorce has been settled. This is because the wife can later claim in court that her soon-to-be ex-husband 'abandoned the family' by leaving the marital home, even if this is not the case.

A wife can argue this in court even if she was the one to initially call for a divorce, reports the Huffington Post. Even if the wife is insistent that the husband leave the family home, he is under no legal obligation to do so if his name is on the lease or mortgage, and indeed he should not leave despite her repeated requests.

A wife may file for a protective order, requiring that the husband stay away from the family home during the course of divorce. Unless she does this because of a domestic violence dispute or can prove that the husband was a physical threat to her or her children, even her filing a protective order that forces the husband to leave will not be worse for him than if he left at her initial insistence. By waiting until the wife had to file a protective order, the husband establishes that he did everything within his power to maintain family routine and preserve the marriage, according to the Huffington Post.

If you or someone you know in Kane County is considering filing for divorce, the most important first step is to seek legal counsel from a Kane County divorce lawyer. Contact the Law Offices of Van A. Larson, P.C. today.