Get your spouse out of the house!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve decided to get a divorce, but now you want to separate.  How do you get your spouse out of the house?  To accomplish that goal, you must understand why your spouse won’t go, just by you asking.

First there is the emotional reason.  If you are the one who wants the divorce, why should he/she leave the home.  You go, is the rationale.  Understand that when one party wants a divorce in the state of Florida, the other party has no choice.  A divorce will be had.  There is no fault in this state.

Aside from the emotional reason, there is the financial one.  I can’t afford two households, is normally the lament.  Get used to it, is the retort.  One does not lose their property rights by merely vacating the premises. 

Lastly is the children. Spouses believe if they move out or away, they lose their chilidren.  This is not true.  The new laws put into place time sharing for both parents.  That is now public policy. 

The surest and quickest way to get a spouse out of the house is, unfortunately, domestic violence.  The police are called, if there are wounds, the wrongdoer is carted away for at least two weeks until there is a hearing. 

If a divorce is already pending in the courts, the easiest way to get a spouse out of the house is by agreed order.  Come to an agreement as to time sharing with the children and finances, and the spouse will go confidently knowing an enforceable contract is in place. 

For more information about this divorce topic or other information, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at


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