Kevin Qualls Family Law
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How the courts look at the fight for the home in a divorce

For someone who is entering into a divorce for the first time, things may become overwhelming and seemingly unbearable at times. Emotions are running high and it is often difficult to think straight. There are many myths and assumptions out there regarding a divorce. It is important to understand what to expect in order to make certain your decisions are sound and in your best interests.

As you may suspect, who gets the home is often one of the most contentious of issues. While sentimentality often plays a role, there are a few myths that first need to be debunked. Contrary to what many believe, even if one spouse leaves the home it is still considered an asset of the marriage and therefore will be split accordingly, depending on the state's laws regarding property division. It is also worth noting that both assets and debts are split by the spouses, including mortgages. This is generally true even if the mortgage only lists one spouse on the paperwork. The home is still considered an asset of the marriage and will be split accordingly.

If there are children from the marriage, the courts will look at who is considered the primary caregiver when making their decision regarding child custody. It is also worth noting that it is not uncommon for the courts to eventually allow the custodial parent to stay in the home if they cannot make mutually agreeable living arrangements. This is done to minimize the impact of changes that may affect children from the divorce.

In order to protect your rights and your wishes in the courts while entering a divorce, it is important to recognize that your own emotions might play a role in your decision-making. Regardless of words of advice you may have gotten from family and friends, each divorce is different. Getting the right information about divorce is important

Source: Huffington Post, "6 Prevalent Myths You'll Hear About Divorce," Aug. 9, 2017

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