Legal Professionals of Hirsch & Ehlenberger

Temporary orders: What happens to your home during the divorce?

On Behalf of | Jan 20, 2025 | Divorce

When couples decide to divorce, one of the most pressing questions is often about the fate of their shared home. Do they have to move out of the house while the divorce process is ongoing? Who gets to stay? What about the children? Who will pay the mortgage?

During a divorce, the court can issue temporary orders to address immediate concerns, including who gets to live in the marital home. These orders, known as “pendente lite” orders, remain in effect until the final divorce decree.

How does it work?

To request a temporary order in Virginia, you need to file a motion with the court handling your divorce case. This motion should clearly state what you’re asking for and why. You’ll need to serve your spouse with a copy of the motion and attend a hearing where both parties can present their case. The judge will then decide whether to grant the temporary order based on the information provided.

When deciding who stays in the home, courts consider several factors:

  • The best interests of any children involved
  • Each spouse’s financial situation
  • Who has been the primary caretaker of the home
  • Any history of domestic violence or abuse

It’s important to note that these temporary arrangements don’t necessarily dictate the final outcome of property division.

What do you need to keep in mind?

Even when one spouse moves out, both parties typically remain responsible for the mortgage and other house-related expenses. However, the court may order one spouse to cover these costs temporarily, especially if there’s a significant income disparity.

If the divorcing couple has children, courts prioritize their stability and well-being. This often means allowing the primary caregiver to remain in the family home, at least temporarily. In some cases, parents might agree to a “nesting” arrangement. This is where children stay in the family home while parents take turns living there. While this can provide stability for children, it’s usually a short-term solution.

Seek the guidance you need

Deciding what happens to your home during a divorce can be emotionally challenging. While temporary orders can provide short-term solutions, it’s crucial to consider the long-term implications of any decisions. An attorney can help assess your situation and guide you through your options.

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