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Can divorcing couples in TN continue to live in the same house?

On Behalf of | Jun 13, 2024 | Divorce

Tennessee has a couple of different “no-fault” divorce options. If a couple can agree that they have irreconcilable differences, there’s no legal requirement that they must live separately before the divorce. 

There are numerous reasons that couples continue to live together in the same home before, during – and sometimes even after – their divorce. These include:

Financial constraints

It’s no secret that real estate prices, whether you buy or rent, have gotten prohibitively high. Divorce is also expensive, between the legal fees, the division of assets and more, it can be difficult for couples to have the funds they need right away to establish two separate households. Staying in the same home can allow a couple to maintain their standard of living without the immediate pressure of trying to find affordable accommodations.

Stability for any children

Parents who are dedicated to their children’s well-being sometimes decide to “make it work” by staying in the same household so that the kids aren’t required to shuffle between two homes. While this can be difficult to do, couples who are committed to remaining on good terms can often find a way to stay under the same roof so that their children can remain in familiar surroundings and stay in the same schools.

Legal considerations

Finally, moving out can put one spouse at a disadvantage when it comes to custody of the children. Family courts are big fans of keeping the “status quo” as long as it seems to be working, so a parent who moves out before there is a firm parenting plan in place with shared custody may find themselves relegated to visitation only. 

If you’re approaching a divorce, it’s always wise to get legal guidance that’s tailored to your unique situation. That way, you can better understand how moving out might affect you.