Is Leaving The Marital Home Considered Abandonment?

divorce lawyer Daniel ExnerQuestion:

My wife and I are on the verge of a separation and she wants me to leave the marital home, but I am considered moving out would be considered abandonment.

I have read that moving out of the marital home is one of “The 10 Stupidest Mistakes Men Make When Facing Divorce” but I cannot imagine living in the same house as my wife while we’re going through a divorce.

But actually how damaging is it for one party to move out? Is it considered abandonment to leave the marital home?


Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your child custody laws question.

In general, leaving the marital home prior to commencing a divorce action is not considered abandonment but it may adversely affect your ultimate child custody schedule with your minor child.

common divorce mistakesLeaving the marital residence can play a role in the court’s determination of custody and physical placement. The court will decide child custody and parenting time by weighing all factors relevant to the best interests of the children.

These factors include the interaction and interrelationship of the children with their parents, the amount and quality of time each parent has spent with the children in the past, and the cooperation and communication between the parents.

A parent who moves out and disregards his or her duties to his or her children before filing for divorce will have a tough time claiming sole custody or primary placement.

Courts seek to create a stable environment for the children of divorcing parents during and after the divorce process by preserving the status quo. If prior to filing you establish a status quo of being away from the marital home and being the one who “visits” your child, the court may be inclined to uphold a similar arraignment for placement after the divorce is finalized.

Filing a separation or divorce action prior to leaving the marital home is of no consequence. The best way to preserve your child custody and parenting time rights is by being with your child as much as possible during the pendency of the separation or divorce action.

There is a good reason why moving out of the marital home is listed as one of “The 10 Stupidest Mistakes Men Make When Facing Divorce” by Cordell & Cordell co-founder Joseph Cordell.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

End of Content Icon

2 comments on “Is Leaving The Marital Home Considered Abandonment?

    I am in a separation situation, I’m currently moved out of the marital home. I do not want a divorce but not sure what my wife’s intentions are for our future. We have a daughter and have been together for 22 years. I don’t know where to begin with where things went wrong all I know is she says she wants space. This to me is unclear and I know a year apart could seal the deal for saving my marriage if it’s even salvageable. I need advice on the steps I have to take so I can survive, in this new life situation. What the hell do I do?

    God bless you, just live your life be happy. An she will miss you, draw her with love. The same way you won her,because she already miss you, an don’t worry, the victory is yours.

Leave a Reply

Your email address will not be published. Required fields are marked *