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If your marriage simply isn’t working anymore – it’s typical to want to make you spouse move out – before, during, or after the divorce. However, until the parties actually separate legally, Family Courts don’t have the power to determine custody, possession of the house, or asset distributions. In some cases, the court can order one spouse to leave. In the absence of a separation agreement, here are some smart things you should. First, if you want the house – it’s important you not leave the house. The party who moves out of the house – is the one who weakens his, or her, claims.
If you are the parent, and want custody of the kids, we highly recommend you stay in the house. If you leave, you’ll be accused of disrupting the kid’s lives. Finally – if you leave, you have a harder time accusing the other party of being at fault. It’s quite common for wives to ask their husbands to life. But if the house is under the husbands name – and he is financially responsible for paying for the house, it will behoove him to stay in the house until there is a separation agreement in place. Typically, until there is a separation agreement, or finalized divorce court order, it makes no sense for the other spouse to leave. In most cases, his/her attorney – will advise him of the same thing – because it’s so obvious. Unless there’s a separation or divorce agreement in place, you will have a hard time forcing the other spouse to leave. Having said that, it’s possible to force him/her to leave. Below are some ways.
Prove Domestic Abuse
If you can prove there’s evidence of domestic abuse, or violence, then you can be granted possession of the martial home. Upon finding evidence of domestic abuse, the court can and probably will grant the abused spouse possession of the residence. The main reason you should consider this, is because it’s easier to prove it – for the sake of family court, vs criminal court – and it can get you possession of the house. Hearings for this, have to be set relatively soon after filing the petition. In an emergency situation, it can be set within 24 hours. In addition to getting possession of the house, you can also get spousal and child support, while this is ongoing. Typically, Domestic Abuse orders are efficient ways to get a spouse out of the house. If you try to instigate a fight, in order to call the police and setup a domestic abuse proceeding – it could backfire against you. If your spouse is recording your conversation with him, at your house, and shows this recording in court – he can use it against you, and discredit you.
Finalize your agreement and then lock the spouse out
Until your divorce is finalized, or the separation agreement is finalized, the court cannot entertain kicking one of the spouses out. If you want to get your spouse out of the house, one of the things you can do is change the locks on the house. In some cases, the court may grant you the motion to prevent locked-out spouse from entering the house. If the other spouse calls the police, you need to be prepared to tell the police why you changed the locks, and be able to prove it via a judge court order, or some other legal document. If it looks to the police you kicked out the spouse illegally, you could be in danger.