Should I move out of the house?
There is no blanket answer to this question. It depends on the particular circumstances of your case. For example, if custody is contested, it is generally a bad idea to move out without adequate arrangements to take your children with you.
Where custody is not disputed, it still may not be a good idea. Many people tell me they are afraid of being guilty of abandonment if they do move out. That is not really the issue. In Alabama for a court to grant the divorce on the grounds of abandonment, then the period of abandonment must be at least 12 months.
Rather, the main problems arise as a result of the fact that it can often take a long time to resolve the divorce. Many things can happen while the case is pending. Once you've left, your lawyer may have a difficult time getting you access back to the house. If the house is going to be sold as a result of the divorce and your spouse is the one in possession, they can have a direct influence on how the house is shown for sale. If they are not as motivated to get the house sold, this can be an issue. Also, items of personal property and important documents may "come up missing" if left in the home under the control of your spouse.
So, there are many reasons not to move. That being said, there are times when a physical separation is in the best interests of the family. This may particularly be so, if physical violence is an issue. If that is the case, there are also others steps the lawyer may be able to take such as filing for exclusive possession of the house and asking the Judge to have the abusing spouse removed and for a restraining order.
The bottom line is this can be a complex and important decision. Make sure you discuss it with your lawyer before you decide to move.
Can the family home[disposition of same pending in divorce case] be sold by either party,unknown to the other party prior to settlement of the case?
Colleen,
The general answer is no. Although it varies from county to county, most courts have a standing pre-trial order that goes out in every divorce case that precludes either party from disposing of assets while the divorce case is pending.
Beyond that, most title insurance companies are goind to require both parties to sign off at the closing on the sale of real property if they are married.