Going through a divorce is never easy and everyone always has questions. One of the common questions when someone is contemplating or beginning a divorce is whether or not they can stay in the home. There are many things to consider when deciding who can and will stay in the house before and during the divorce proceedings. No divorce is ever the same and a good attorney is very valuable when it comes to Atlanta family law. An attorney's job is to know the law and advise you on what can and can't be done.

The main consideration is who owns the house. Is the property owned together or individually? If owned together, both parties have a right to it until everything is settled through litigation. Therefore, it is better to handle who will be staying in the house legally by court order. When the property is owned by both, either someone will have to be bought out or the property will have to be sold. Individual ownership is different. If one party's name is solely on the property and it was owned before marriage, they have every right to stay in the house and the other will have to leave if told to. The other party will be entitled to equity in the residence during the time period of marriage to present, if they can prove they assisted in mortgage payments, refinancing, or performed maintenance on the residence. The best advice in any situation is to consult with Atlanta divorce attorneys who have experience in these types of divorce proceedings.

Another consideration is how it will look if one of you leaves before a court order has been put in place. Often one of you will want to leave the residence simply to avoid confrontation and make things easier. By choosing to leave before it has been ordered by the court, there are certain assumptions that will be made during the divorce proceedings. Moving out before a court order shows that the home is not wanted nor needed due to the financial ability to acquire another residence. It also shows that you are fine with walking out on your children. The result will be the other party not only gaining the residence but also full custody of the children. So it is always best to stay in the home until ordered to move out by the court. If the situation needs to be decided quickly contact one of the best Atlanta divorce attorneys to have an emergency court order awarded.

Know your situation and the details on who owns the residence and what result is desired. This will help your lawyer in deciding how to handle your case and also how urgent it is to get a court order on the residence. When owned by both, stay in the house until it has been settled by the court. Do not try to keep one or the other out of the house. Leave when told to if the residence is not owned by you. Before taking any action, seek advice from a reputable attorney who is familiar with Atlanta family law.