Do I have to leave my house after filing for divorce? 25 Answers as of June 26, 2013

I just filed yesterday and was wondering if I have to be the one to leave the house we rent? Does my husband have to pay my moving costs? How long do I have to stay?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
You do not have to move out of your house. Unless a situation involving domestic violence exists, you are entitled to stay in the home until the court orders you to leave. In fact, the court may award you the home and require your husband move. If you are forced to move from your home, it is possible under certain circumstances to require your husband to pay your moving costs.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
I would recommend not leaving your house at this time. I don't know who is on the lease, but as the spouse, a Judge could allow you to remain in the apartment if your husband wants you out and makes efforts to evict you.
Answer Applies to: Nevada
Replied: 11/17/2011
Goddard Wetherall Wonder, PSC
Goddard Wetherall Wonder, PSC | Brook Goddard
Which spouse has to leave the house can be complicated. If parties aren't able to agree themselves, this (and moving costs, coverage of utilities, attorney fees, etc) can be a complicated litigation issue that needs to be thoroughly assessed by a family law attorney before you or your spouse take action.
Answer Applies to: Washington
Replied: 11/17/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Those are all questions that have to be decided either by mutual agreement with your husband or as a part of the divorce case because there is no "legal" answer.
Answer Applies to: Colorado
Replied: 11/17/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
There is nothing in the mere filing of a divorce that requires one of the parties to move out of the family home. Therefore, if all that has happened is that a divorce has been filed, then, both of you can still stay there. As a practical matter, considering the emotional content of filing for divorce, it is probably a good idea for one of you to move out. Also, if the matter gets to the temporary orders stage, at that point, chances are the court is going to order one of the two of you to move. As to who should move, it seems to me that there are a number of factors to consider. Things like: who are the children going to live with (if you have children), who can better keep up the family home, and who can afford the first, last and deposit on a new place. As to who gets to pay for it, I couldn't say without more information.
Answer Applies to: Washington
Replied: 11/17/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    No. You do not have to leave and most attorneys would advise you NOT to leave because it relinquishes your rights to any marital property if you abandon it. I would consult an attorney who specializes in family law before moving.
    Answer Applies to: Alabama
    Replied: 11/17/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You do not have to leave the house. In fact he cannot make you leave without a court order.
    Answer Applies to: New York
    Replied: 11/17/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Neither Party has to leave the marital residence until such time as a court Orders it. Neither Party can be excluded from the marital home. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 11/17/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    You can continue to reside together in the house during the divorce until a judge enters a temporary order to require someone to move out of the house. There is no rule about who has to move out at the time a divorce is filed.
    Answer Applies to: Wisconsin
    Replied: 11/17/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    No.
    Answer Applies to: California
    Replied: 6/2/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You can remain in the same residence as long as you want as long as the communication remains civil and peaceful. Determination of property division and moving costs must be examined.
    Answer Applies to: California
    Replied: 11/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Surely you didn't file pro se, as pro se divorces usually are disasters. The questions you ask are strategic decisions that you and your lawyer make before filing.
    Answer Applies to: Georgia
    Replied: 11/17/2011
    Law Office of Angela M. Riccio | Angela M. Riccio
    No, absent any court order to the contrary, you do not need to leave your house after filing for divorce. The issue as to which party pays certain costs is a matter the court may determine if requested by either party to do so and if you and your husband are unable to reach an agreement regarding the issue. You may stay in the home for as long as your lease or other laws governing tenant/landlord allows or again until such time as a court order is entered otherwise.
    Answer Applies to: Illinois
    Replied: 11/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You do not have to leave your house just because you filed for divorce. Whether you will need to move, and when, and whether your spouse would have to pay for moving costs, depends on whether the judge issues an order on those issues after a hearing.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No, and no. There is no specific amount of time.
    Answer Applies to: New York
    Replied: 11/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Ask the court to determine these things or work them out by agreement.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, you don't have to move out.
    Answer Applies to: Florida
    Replied: 11/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No, there's no law that says you have to automatically move out, simply because you filed for divorce. With that said, if the situation is hostile or otherwise unbearable, then it would be a good idea for you and your spouse to try to reach an agreement regarding who remains in the current house, and who move out, including how to divide expenses. If an agreement cannot be reached, then one party can file a motion with the court requesting orders on exclusive use of the residence, including expense sharing responsibility and spousal support, if applicable. Best to call a local family law lawyer to help you learn your rights and develop a plan of action.
    Answer Applies to: California
    Replied: 11/16/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Nobody has to leave just because a divorce has been filed. You do not have to move out unless and until it is part of your settlement agreement or ordered by the court. As far as moving costs, you will need an agreement or order from the court and maybe an Order for Spousal Support, Child Support, and Attorney Fees. Call an attorney and at least have a consultation before you make any big decisions.
    Answer Applies to: California
    Replied: 11/16/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Typically neither spouse has to leave the residence. If you can work out an agreement with your spouse that makes sense for you both, then that is usually a good start.
    Answer Applies to: California
    Replied: 11/16/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Why would you move out before your divorce is final?
    Answer Applies to: New Jersey
    Replied: 6/26/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Not unless there is a court order prohibiting you from being there.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can stay until the court tells you otherwise or you both agree.
    Answer Applies to: Wisconsin
    Replied: 11/16/2011
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