![checklist fpr moving out after a divorce checklist fpr moving out after a divorce](https://i.pinimg.com/originals/34/34/1f/34341fcfe46cb44491cbf48c86a7e3e4.jpg)
This usually requires that both parties deposit all of their income into a single joint checking account for payment of marital bills. If neither you nor your spouse is willing to move out of the marital home, the court will likely issue what is commonly called an under-the-roof order. If annoying or harassing continues to be an issue, a contempt action may be filed for violating the restraining order, and the accused could face penalties such as fines, jail time, and payment of the other party’s attorney fees for bringing said action. Just because a restraining order is in place does not mean you can’t talk to your spouse, but rather, it means that it must be done in a civilized manner, and if one person requests that the communications cease, then they must.
![checklist fpr moving out after a divorce checklist fpr moving out after a divorce](https://cdn.ramseysolutions.net/media/blog/relationships-and-money/marriage/divorce-checklist-how-to-prepare-for-divorce.jpg)
Other Ohio counties, such as Stark County, require that the party requesting the restraining order file a motion, affidavit, and proposed order stating that, if not restrained, the other party will likely annoy, harass, or abuse the other. In most Ohio counties, the domestic relations court will automatically issue a mutual restraining order, which prevents the parties from annoying, harassing, or physically and mentally abusing one another during the divorce process. This advice always leads to the next major concern: “I can’t stand living with this person anymore! What can I do?” When You Can’t Stand Living with the Person So, if you want to have custody of your children during that period, do not move out of the home. A divorce can last up to a year depending on the complexity of the issues, and, in some cases, longer. If one spouse moves out of the marital home, the other spouse already has the upper hand when it comes to ultimately being awarded custody of the children. If the children are forced to move out of the home, they have grown accustomed to during their lives, this may negatively impact the children by creating instability and unnecessary change (i.e., moving a far distance from friends and family, having to change schools, a major change in environment, etc.).Ĭhild custody is often one of the most highly contested and aggressively litigated issues in a divorce. Why, you might ask? Ohio Courts want a divorce to affect the children of the marriage as little as possible. If you have already moved out of the home before the divorce is filed, the court is likely to award temporary custody of the children to the parent that is still living in the marital residence.