Do I have to move out before I file for divorce? 25 Answers as of June 02, 2013

Do I have to move out before I file for divorce?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
You do not have to move out of the marital home before you file divorce, or even after you file for divorce. The issue of who remains in the home will be decided by the court.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
I would recommend that you do not move out. You should remain in the house until the Judge instructs you to move out. If your spouse is seeking an eviction, I would seek relief to the Family Court Judge.
Answer Applies to: Nevada
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.
Answer Applies to: Washington
Replied: 11/17/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Neither Party has to move out of the home or can force the other to move out without an Order of the court. 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
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
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    No. You do not have to move out before you file. Some people like to, but it is frequently a bad idea. Make sure to call an attorney and do a consultation before you make such a big decision.
    Answer Applies to: California
    Replied: 11/16/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    No.
    Answer Applies to: Nevada
    Replied: 5/31/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No, you do not. That is not the end of the story. You could really benefit from the help of an attorney.
    Answer Applies to: New Jersey
    Replied: 11/16/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No.
    Answer Applies to: New York
    Replied: 5/31/2013
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    In Virginia it depends county by county. Fairfax County for example, does allow separation within the home for the statutory period provided that the parties have lived separate and apart without interruption within the marital home. This means that you live as roommates sharing a house and no longer hold out yourselves to the public as husband and wife. You sleep in separate bedrooms, no sexual relations, neither party accounting to the other for his or her comings and goings and generally living apart under the same roof. If you do not have fault grounds for divorce, you will still need to satisfy the statutory 1 year separation period as outlined above even though you are separated within the same home.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. In Minnesota a separation is not required before filing for divorce.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    No, you don't. It is a good idea to discuss your options with an attorney, especially if you and your spouse own your home. Details need to be worked out regarding payment of the mortgage, etc. and proper credit being issued if one spouse pays the mortgage while the other resides in the home.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    No, you do not. However it can become a very uncomfortable situation and may spark conflict by staying together in the same home after filing and serving your spouse for divorce. You should consult with an attorney.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No.
    Answer Applies to: Wisconsin
    Replied: 5/31/2013
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