Elizabethtown Divorce: Can I Make My Spouse Move Out?

Divorce is never easy, even when it is a relatively amicable mutual decision. When it is contentious, it can be a nightmare for everyone involved. Typically, when the decision to end a marriage has been made, one of the parties moves out of the marital residence. What happens, however, if neither party agrees to leave? Can you make your spouse move out? The simple answer to that question is “no” under most circumstances.

Unless abuse is involved, you cannot simply force your spouse out of the marital residence. If abuse is an issue, you may be able to file for a protective order before you begin your divorce proceedings. If the protective order is granted, it may include an order that the alleged abuser vacate the residence immediately. Keep in mind, however, that an emergency protective order is only valid until a hearing can be held where the alleged abuser has a right to contest the protective order. If the temporary protective order becomes a permanent order at the hearing, and the terms of the order include an order that your spouse remain outside of the marital residence, then your spouse will have to permanently move out.

In situations where abuse is not alleged you cannot require your spouse to move out without a court order. The way to obtain a court order is by filing for divorce and asking for possession of the marital residence. After you file your Petition it will be served on your spouse who will then have the opportunity to file a Response to the Petition. If your spouse does not agree to vacate the marital residence the issue will have to be resolved at a pre-trial hearing. Typically, when issues such as possession of the marital residence, custody of minor children, and child support are part of a divorce the court will order a pre-trial hearing in order to decide those issues on a temporary basis pending the final outcome of the divorce.

If you are granted temporary possession of the marital residence while your divorce is pending you need to keep in mind that permanent possession of the residence has yet to be decided. Who will remain in the home after the divorce is final, as well as who will be responsible for paying the mortgage payment or rent, will be decided in the final decree.

If you have specific questions about your situation be sure to consult with an experienced Elizabethtown divorce attorney.