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Understanding the importance of the matrimonial home in divorce

If you’re going through a contentious divorce, and if the amount of time you spend with your children and your right to keep certain items of matrimonial property are in question, then the whole ordeal is undoubtedly taking an emotional toll. You need someone on your side who can protect your legal interests so that you can focus your energies on getting through this difficult time and preparing for life after divorce.

Often a key factor in the outcome of divorce proceedings is the matrimonial home. How this valuable asset is handled can affect every aspect of the divorce, including child custody, child support and spousal support. Family lawyer Elliot S. Birnhoim founded to emphasize the importance of getting experienced advice on how to address this fundamental asset in divorce proceedings.

If you have children, then the first thing to understand about the matrimonial home in divorce is that the spouse who stays with the kids in the home during separation often has an advantage over the other spouse in terms of custody rights. It may be crucial, then, to seek early intervention from a family lawyer to ensure that your child custody rights are protected.

The spouse who resides outside of the home and away from the children during separation is also the spouse who most likely will pay child support. And in many cases, the spouse who stays in the home is the recipient of spousal support in addition to child support.

You may also have to consider selling or buying the matrimonial home to reach an equalization of property. To weigh the pros and cons of buying or selling the home, please see our section, “Helping you manage the economics of divorce.”

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