Bercovitz Law Firm, PC
Bercovitz Law Firm, PC
20 Years As An Advocate For Divorce And Family Law Clients In Greater Denver And Colorado Statewide

The Divorce Process: Living Together or Living Apart


When a couple has finally made the decision to separate and file for a Colorado divorce, one of their first questions is “What are the consequences if I am the one who moves out?”

Living Together or Living Apart During the Divorce Process

Some couples choose to stay together in the marital home until the divorce has been finalized. But others cannot deal with the emotional tension and decide that one party must move out.

Staying Together

· The spouses who continue living together during the divorce process, do so by being civil and keeping their emotions in check. The most important components to make kind of arrangement work are tolerance, civility, and keeping negative and antagonistic behaviors to a minimum. For the individuals who can remain calm in the face of adversity, living together and keeping an open dialog can sometimes prove to be helpful.

Moving Out

· Most couples who have made the decision to file for the dissolution of marriage, cannot cope with the stress of remaining in the same house. The arrangement is often simply too painful and living apart is often the healthiest and safest option.

Leaving the Marital Home

The most common arrangement for couples who have filed for divorce, is that they mutually agree to have one spouse move out. This is typically the wisest option for both parties because it gives each partner the time and space they need to grieve and to experience the separateness that is the first step of the divorce process.

The downside of one spouse moving out, is that while the family income remains constant, their expenses have just doubled. They are now paying two mortgages, two utility bills, two cable bills, etc.

If I Move Out, Will I Lose My Rights to the House?

Your economic interest in your marital home is rarely impacted by your decision to move out. This means that any interest that you share in the house will not typically be impacted by your decision to vacate the property.

If I Move Out, Will I Lose My Rights to My Kids?

Your decision to move out may have consequences if you have minor children If you leave the marital home without a court-ordered parenting plan in place, this may be taken into consideration by the court when deciding on the allocation of parental responsibilities and the children’s primary residence. Before you make the decision to move out, you should consider scheduling a consultation with a family law attorney first to discuss a plan for your next steps.

Before You Move Out

If you and your spouse have decided to file for a Colorado dissolution of marriage, do yourself a favor and talk with an attorney before you move out. Elissa Bercovitz offers a free consultation and she has over 2 decades of experience as a family law attorney. Allow Elissa to counsel you about the divorce process and the consequences of moving out. Elissa handled hundreds of divorces during her 20-year career, and she can help you too.

Elissa Bercovitz, Esq.

Elissa Bercovitz has over 20 years of legal experience dealing with domestic relations matters related to the dissolution of marriage (divorce), legal separation, the allocation of parental rights and responsibilities (parenting time, custody, and child support), maintenance (spousal support/ alimony), paternity, step-parent adoption, relocation cases, the division of assets and debt, LGBTQ family law matters, post-decree modifications, and guardianship. Elissa also handles mediation for family law cases.

Call Elissa Bercovitz at the Bercovitz Law Firm today at (303) 803-1678 to schedule a FREE consultation.