Under What Circumstances Can Your Spouse Be Removed From the House During Divorce Proceedings?
When a spouse should move out during divorce proceedings is a fairly common question. However, more common is many couples typically separate before filing for divorce. Although, there’s always the odd couple who try to stay together for a number of reasons.
Even then, most couples – particularly the spouse filing for divorce – often wants to know when it becomes necessary for one spouse to vacate the home when the home is jointly owned or owned outright by the one of the spouses.
Granted, living together during a divorce proceeding is very difficult, but when does one spouse decide enough is enough and want to get the other spouse removed from the house? When does living together under the same roof become dangerous to one or both parties or the kids?
The courts are not usually open to kicking someone out because the other spouse says so.
Emotional, Physical and Psychological Abuse
Before the courts will decide on the need for your spouse to go make other living arrangements, there has to be clear evidence you and your children’s well-being might be jeopardized by them being around.
Most times, there has to be proof of emotional, physical or psychological abuse. This also includes neglect, sexual and verbal abuse. If there were past reports of the party being violent or aggressive might also help.
A spouse who is believed guilty of or susceptible to domestic violence will most likely be ordered to stay away from the family until the divorce is finalized. This is to ensure the defendant and the children are not put in harm’s way or exposed to danger.
Clear Evidence of Incompatible Living Arrangements
The complainant spouse may also need to show clear evidence of incompatible living arrangements. For instance, if the wife is filing for divorce and wants the husband removed from house because he is bringing in other women into their marital home, then her request will most likely be approved.
The same goes for a spouse with an obviously unstable mental condition, who goes missing for days and is an alcoholic or an addict. This is because an environment like that is toxic to the kids and could further escalate a possibly hostile situation.
Things to Do to Get the Spouse Out of the House
Get an Order of Protection
This becomes necessary if you fear you and your kids life might be in danger if the spouse remains under the same roof. Also, this will help ensure nothing happens to you during the divorce proceedings. The order will typically require the spouse to leave the house pending the outcome of a divorce.
File a Motion for Exclusive Use
A motion for exclusive use is usually not immediate and can actually take months before it is approved. Moreover, if your spouse decides to go the same route, it can be quite a while before you’ll get any results. Make sure there are valid grounds for exclusive use.
