Do I have to move out during a divorce? 19 Answers as of February 18, 2014

My wife has just told me she wants a divorce and has told me I have to move out. I have no money, no car and nowhere to go. Do I have to move out?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
No generally you do not have to move out.. until after the divorce is finalized.. unless there are allegations of spousal abuse.
Answer Applies to: Michigan
Replied: 2/18/2014
Kirby G. Moss PC | Kirby G. Moss
As general rule you don't have to move out unless a court after notice and a hearing, orders you to, which they don't typically do unless she proves abuse etc.
Answer Applies to: Indiana
Replied: 2/18/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
No unless agreed or ordered by the court. Once the divorce is granted other living arrangements should be made or you may find yourself in a common law marriage.
Answer Applies to: Texas
Replied: 2/18/2014
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If it is the marital home, in most states you do not have to move out. It doesn't matter if the lease or deed or mortgage are in your name. You do not have to move out until a judge orders you to do so. If you are facing divorce, it is highly recommended that you speak with a local attorney in order to best determine your potential rights and options.
Answer Applies to: Florida
Replied: 2/18/2014
James M. Chandler | James M. Chandler
Not unless there is a court order telling you to move out.
Answer Applies to: California
Replied: 2/18/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Do you own the house together? Are you both obligated on the lease? If yes, then no, you do not have to move out. On the other hand, if the home is in her name only, she can evict you. However, tell her that she has to give you the appropriate notice and then file an eviction action against you. That will give you some time to find a new place.
    Answer Applies to: Idaho
    Replied: 2/18/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not have to move out unless there's a court order that requires that you leave the property.
    Answer Applies to: California
    Replied: 2/18/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You do not have to move out unless a Court orders you to do so. You should be careful not to commit or be accused of domestic violence. You can file a divorce action and request support from your spouse if you are the lower earner.
    Answer Applies to: California
    Replied: 2/13/2014
    Law Office of Robert E McCall | Robert McCall
    You are not required to move unless a Judge says so.
    Answer Applies to: Florida
    Replied: 2/13/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    No only a Judge can order you to move out of the marital home.
    Answer Applies to: Georgia
    Replied: 2/13/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    You only have to move out if she can prove you physically abused her, or threatened to do so. As long as you don't physically abuse her or threaten her, you should NOT have to move out.
    Answer Applies to: Michigan
    Replied: 2/13/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney