Do not move out of your home before your divorce is finalized. Legally speaking, it is one of the biggest mistakes you can make. If you leave the home and your divorce proceedings dont go as planned, your spouse can choose to play dirty. This means she could accuse you of abandoning her and the kids.

Does moving out affect divorce?

In NSW, all marital property is to be divided equitably, considering each partys needs and contributions. The party who stays in the house will not necessarily get to keep it. If property settlement negotiations are well underway before anyone moves out, the ultimate agreement may be easier to work out.

Is it bad to move out before a divorce?

In most situations, it is safest to try and stick it out in the marital home. You wont lose access to your possessions and records, you have already lived with your spouse for however long and it will be a relatively short time until you can securely leave once the divorce is finalized.