Can My Spouse Refuse to Move Out During the Divorce?

Your marriage is over, but now there is the question of who will be moving out of the marital home, or if you will share the same residence until the process is finalized. What if you want your spouse to move out and he or she refuses? Well, you can attempt to force the issue and even get an attorney involved. However, assuming your spouse is relatively reasonable, you might be able to address this particular issue without getting law enforcement or an attorney involved.

In many cases, spouses are reluctant to leave the marital home because they view it as half theirs and refuse to give it up. In other cases, this refusal can be due to an emotional attachment, especially if you share children and the home has sentimental value because of the memories you created as a family. Whatever the reasons might be, if you want your ex to leave, you might have to have a discussion regarding his or her needs, so you can make it happen.

Legal Issues

Oftentimes, if children are involved, it is advisable for neither party to leave the marital home until an agreement is in place, especially if you hope to have shared custody. Leaving the marital home without the children can harm a spouse’s case for child custody, which is often why many refuse to leave. The sooner you can hash out even a temporary child custody arrangement, the sooner your spouse can leave the marital home without the fear of handicapping their own case.

If you absolutely cannot wait for your spouse to leave and he or she refuses to, you have legal options, especially if your spouse is abusive. You can take your spouse to court and request a restraining order. In domestic violence cases, these are often granted, allowing you the chance to live in your home without the threat of emotional or physical abuse.

San Diego Divorce Lawyers

Regardless if you were recently served up divorce papers or are simply in the process of considering divorce, the San Diego divorce attorneys at Cage & Miles, are here to work with you throughout this process. Our skilled and experienced legal team can guide you through the steps and limit the impact a divorce can have on your children, your future, lifestyle, and finances. We can represent you on a wide range of divorce matters, from contested divorce to child custody and property division.

Contact our office today at (858) 943-2060 to schedule a consultation with a knowledgeable member of our team.

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