What Are The Consequences of Leaving The Marital Home First In A Divorce in Maine?

I’m often asked by a new client if he or she loses any rights by leaving the marital home first.  It’s a good question.

 

If you leave the family residence, are you less likely to get a favorable award of parental rights and responsibilities (child custody)?

Under Maine law (Title 19–A M.R.S.A. §1653(5)), the court may not consider departure from the family residence as a factor in determining parental rights and responsibilities when: (1) the departing parent has been physically harmed or seriously threatened with physical harm by the other parent and the harm or threat of harm was the reason for the departure, or (2) when one parent has left the family residence by mutual agreement or at the request or insistence of the other parent.

What this means is that in the majority of circumstances — when you leave your home due to threats of harm or my mutual agreement — the court won’t consider that fact against you in determining whether you ultimately obtain some type of custody of your children.

I’ve previously posted on many factors that go into obtaining custody of children.  As long as you properly maintain contact with your children and actively parent them after moving out of the family home, it shouldn’t adversely affect your parental rights with them.

Leaving the family home may affect the strength or your argument to have the home awarded to you as part of the divorce — but that’s a different question that I’ll deal with in another post.

 

Comments

[Nick]

Do yourself a favor and marry a Russian girl, they have old fashion values and do want to be an equal. The really nice girls come from villages or small towns and have very good family values and morals, they may go to bigger city’s (600,000 people or more) for work or education, she can work in café’s and restaurants from 10am to 10pm with one day off every 14 days and be paid $80.00us per month, I know girls like this, so of cause they cant afford the time or money to email you often.

[Lawyer Website Design]

I just came across your blog today and find the content extremely helpful for me. I am originally from Maine and this article might be of good help to a friend of mine looking at divorce. I will recommend that he visit this site and contact you if he has questions.

[Roy Slater]

Do you think it is wise to look into a divorce mediator? I know that they have been becoming more popular lately and a more cost effective way of accomplishing a divorce.