One of the most difficult elements of divorce is how long it takes. People who have made the decision to divorce often have to wait months to resolve the legal process of ending a marriage.
It can be very difficult to continue interacting with a spouse during that time. Some people voluntarily decide to leave their homes during divorce for their peace of mind and overall happiness. Others insist on staying and may try to make their spouses miserable while they continue to cohabitate.
Those preparing for divorce may want to stay in their marital home but may want their spouses to leave. Can one spouse force the other to leave the marital home during a divorce?
Neither spouse can usually make the other leave
Unfortunately, regardless of who files for divorce or who earns more money, neither spouse usually has the option of forcing the other out of the marital home. Both spouses have a right to the property until the courts finalize the divorce.
People can choose to leave without risking their interest in home equity, but not everyone is that reasonable during divorce proceedings. Spouses may have to choose between leaving themselves or living in a stressful environment until the courts establish a final property division order.
However, there are two exceptions to this rule. In unusual situations, one spouse can compel the other to leave the marital home. The first situation involves domestic violence.
In scenarios where there has been a history of abuse, stalking or credible threats, a judge may issue one spouse a restraining order. Restraining orders can mandate that the spouse subject to the order vacate the shared home for the protection of the other spouse.
The other exception only applies to those with minor children. Judges can sometimes order one parent to leave the family home if that is in the best interests of the children in the family.
If there is credible evidence establishing that one parent has abused the children, neglected them, engaged in domestic violence in front of them or consumed mind-altering substances in the presence of the children, judges may agree that removing them from the marital home may be in the best interests of the children. The temporary custody order for the family may include instructions for one parent to vacate the home to protect the children from a volatile or dangerous situation.
Understanding the rules that govern the marital home can be beneficial for those preparing for divorce. Barring complicated situations involving custody concerns or domestic violence, neither spouse can typically force the other to leave the marital home during the divorce.