Separating Without Your Children In A Chicago Divorce

It can be tough to stay in a residence with a significant other when the relationship is “over”. However, when minor children are involved, there are many things to consider. There is much planning which has to happen before one party should separate from the joint residence and relocate elsewhere especially when that means separating without your children.

Parenting Time Can be a Challenge

Worry About the “Status Quo”

You May Have to Pay Child Support or Other Bills, Even If You Move Without Your Children.

Another surprising fact to parties who separate in a marriage or divorce situation specifically is that they may still have to contribute to marital expenses and the maintenance of marital assets, even if they are no longer living in the marital home. For example, if one party decides to move out of a marital residence and the house is marital and has a mortgage, the person moving out may still have to contribute to the mortgage and/or property taxes for said home, even if they are not living there. This is situation-dependent, but the thought is that generally a court will uphold marital assets and try to preserve the marital estate. They generally won’t let a marital home mortgage go into default so that one party can move out and pay rent somewhere else. So, just because someone moves out of a jointly held marital home for separation purposes, does not mean they no longer have to pay the bills for said home.

There are many considerations when deciding to separate out of a joint residence and these are just some of the complex issues one must consider. When children are involved separating becomes even more complicated. Feel free to reach out to our experienced family law attorneys if you are thinking about separating without your children to ensure that you are making the best decision for you and your family.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody-visitation/separating-without-your-children-chicago-divorce/

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