Can I Force My Husband To Leave The House In Divorce Proceedings?

Hot Topics in Divorce Blog

by Robin Roshkind, Esquire, West Palm Beach, Florida

The two of you are fighting like cats and dogs.  The kids are acting out.  You are stuck under the same roof and  the relationship is deteriorating.  Divorce proceedings are in place and you each have divorce lawyers.  How can you get your spouse out of the house?

Most divorce petitions ask for exclusive use and possession of the marital home for the reasons so stated above.  It is not a healthy situation where the parties are constantly fighting, and especially if there are children around. But unless there is domestic violence, the spouse stays, at least until a mediation where the spouse can agree to leave, or a temporary relief hearing, where the judge will take evidence and testimony that the spouse has somewhere reasonably economical to go. 

In domestic violence cases, the wrong doing spouse is immediately removed from the…

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