Should You Move Out First Or File For Divorce First?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get that question in my divorce consultations.  It is good that my divorce clients come in to see me BEFORE they take any action.  In that way, they are armed with information about what they should or should not do to protect themselves in divorce situations.

In Florida and specifically Palm Beach County, I advise clients to file for divorce first before they move out.  This is what I call erring on the side of caution.  Legally, you do not lose your property rights if you move out before filing.  However, where children are involved, I don’t like my clients to seem to act impulsively by upping the children for their own selfish reasons.

The court’s job is to protect children, and if it seems that a parent would displace a child, selfishly or impulsively, for less than legal reasons, say, domestic violence, that would not impress the judge who is dealing with what is in the best interests of the children.

Moving out does not effect your rights to your personal effects, cars, and real estate.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091, or click on the Firm’s web site at


5 thoughts on “Should You Move Out First Or File For Divorce First?

  1. Divorce is starting to become the talk of the crowd nowadays. For me, I am not against it because if the couple know for a fact that their relationship is getting nowhere, it will be beneficial to both sides that they should part ways. But, if kids are involved, a little care must be taken into consideration. Like for example, giving your kids planners/organizers (like this one that I recommend from co-parenting-manager – as it is one helpful tool to help your kids deal with the situation.

    • If the spouse has the benefit of home ownership and is the sole or major breadwinner of the family, the answer to your question is yes. The status quo should be maintained.

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