Can I be blocked by my ex-spouse from visiting our children?

During a divorce, spouses may have contentious feelings toward each other and the divorce. Other married couples may handle their divorce amicably. Regardless of the climate of the divorce, spouses may decide to live separately during the divorce. Living in different residences is one of the first steps to prepare for life after the divorce. However, moving out of the marital home during the divorce may have some financial and legal consequences for the spouse that moves out of the home.

If a spouse is in danger of physical, mental or emotional harm by the other spouse, moving out during the divorce is the safe option. In circumstances where the spouse is not subject to harm or injury, moving out creates new financial obligations like rent or mortgage, utilities, taxes and insurance. Moreover, a spouse who moves out may still be obligated to pay bills or debts regarding the marital home.

These factors may affect property division and spousal support in the divorce. A judge may determine that the spouse who moved out already has a residence, and; therefore, the marital home should go to the spouse living in the house. For spouses who were financially dependent on the other spouse during the marriage, moving out during the divorce may create a financial hardship. If the spouse who moves out paid the majority of all of the bills in the marital home, they may be ordered to pay spousal maintenance to the other spouse.