Do my husband or I have to move out if we are getting divorced? 26 Answers as of June 21, 2011

My husband and I have chosen to divorce. Do either one of us have to move out for this to happen?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. You don't have to double your costs of living during the divorce. Just keep the peace between yourselves, and try to work out a fair resolution.
Answer Applies to: California
Replied: 6/21/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You do not need to live separately to get a divorce.
Answer Applies to: Washington
Replied: 6/20/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No. People may live together whether they are married or not. It's just unusual to do so after you've divorced. Good luck.
Answer Applies to: New York
Replied: 6/17/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
No, you and your husband may remain in the same house while you are getting divorced. There are some circumstances where it is impossible for one of the spouses to move out until after the divorce is finalized. A court will generally not make orders for either party to move out until all of the property has been divided unless there is an issue of domestic violence.
Answer Applies to: California
Replied: 6/16/2011
The Reed Law Firm, P.L.L.C.
The Reed Law Firm, P.L.L.C. | Vanessa Reed
No, Courts in Northern Virginia will award a divorce based upon parties living separate and apart for the required statutory period in the same home. You will be required to have a corroborating witness to testify at your divorce hearing concerning the separation with the same house. You will have to live completely separate and apart in the same home, as "roommates." No sharing meals, no sharing laundry or other chores, etc. The corroborating witness will have to have direct knowledge and/or observations of this by coming to your home and seeing the separate living quarters.
Answer Applies to: Virginia
Replied: 6/16/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If neither can afford it and you the two of you can live under the same roof, you do not have to move out during the divorce process.
    Answer Applies to: Illinois
    Replied: 6/16/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, generally, it is not required that either party vacate the premises in order for you to be deemed separated and the marriage to be irretrievably broken. However, I would recommend you retain a divorce lawyer and go over all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/16/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Not in Colorado for the legal process of getting the divorce. Some states do require a period of physical separation before a divorce is possible. If your state doesn't require a period of separation, the real question will be whether the two of you can continue to live under the same roof without conflict until the case is over.
    Answer Applies to: Colorado
    Replied: 6/16/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can continue to reside with a party while you are going through a divorce.
    Answer Applies to: California
    Replied: 6/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law neither party has to move out of the family home unless the court orders it based on the motion of either party.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Assuming that the two of you are getting along, there is no law that says that one of you has to move out to get a divorce. That being said, in a typical contested divorce, the court is going to order one of you out of the house if for no other reason than to minimize the amount of conflict and emotional distress in your case. In the short term, if the two of you are getting along, and if you are doing an agreed divorce, then, at least in the immediate future, there is no reason for one of you to move out. However, eventually, one of you should move out so you can both get on with your lives. You are both likely to have new boy or girl friends, new interests, new involvements. If you are still living in the same house, that is going to be even more painful for one of you than it would otherwise need to me.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    No not if you can live together peacefully.
    Answer Applies to: Florida
    Replied: 6/16/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The law states you must "cease living together as husband and wife". This is tricky, roommates are not husband and wife . . . but Texas recognizes common law marriage so you don't want to divorce just to become common law married again. Have the two of you decided who will move or under what circumstances? Do you own the home or is this a lease? Can the two of you agree to everything - division of property, custody and support of the kids, etc.? I would appreciate the opportunity to earn your business and would be happy to consult with one of you regarding representation.
    Answer Applies to: Texas
    Replied: 6/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No. Frequently, parties reside together but separately during the pendency of the divorce until all matter are decided and the divorce is finalized.
    Answer Applies to: Florida
    Replied: 6/15/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No, you can both stay in the house until the divorce. Whether you should, and what happens if you or he leaves, I would need more information to give you any advice. A lot depends on the law of the state that you live in. Do you live in New Jersey? Or does the other person live in New Jersey? If so, I can help, and you should contact me.
    Answer Applies to: New Jersey
    Replied: 6/15/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida does not have a separation requirement, so it is fairly common that people live in the same house during a divorce. Neither party is required to move out. However, either party can petition the court to grant them exclusive use and possession of the marital home during the divorce.
    Answer Applies to: Florida
    Replied: 6/15/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    No. Neither of you is required to move out during the divorce process. In fact, neither of you would be required to move out even after the divorce was final. However, it is important that you know that you cannot pay or receive support to a person sharing the same residence. Additionally, as emotions can run high in even the most amicable divorces, there is always the risk of either an act of domestic violence (even if there has been no history of the same) or a false allegation of domestic violence as some people mistakenly believe that misusing the domestic violence laws can help them gain an advantage in divorce and/or custody litigation. I recommend that you speak with an attorney in your area regarding your options for remaining in the same home if that is what you would both prefer.
    Answer Applies to: New Jersey
    Replied: 6/15/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    No. You can both stay in the house. Eventually, though, one of you will have to move out so that you can both start your new lives.
    Answer Applies to: Connecticut
    Replied: 6/15/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    No, neither of you have to move out. But be forewarned: in the throes of the divorce, living with the other litigant can be highly stressful. Discuss the alternatives with your local domestic relations counsel.
    Answer Applies to: Ohio
    Replied: 6/15/2011
    The English Law Firm
    The English Law Firm | Robert English
    No. Neither person specifically has to move out, but either party has the ability to seek a court order for sole control of the house. Some couples remain living together even after a divorce.
    Answer Applies to: California
    Replied: 6/15/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    No. But one of you may ask the court to force the other person out but it is not required.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There is no law that says a divorcing couple can't live together. It's not very common, but it does happen. If you want to still live together during or after your divorce, as said, there's no law against it, and it will not prevent a divorce from being finalized.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No, but continuing to reside together could cloud the issue of date of separation. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law, you do not need to be living in separate residences to file for a divorce; it is sufficient to be in separate bedrooms (or at least ceasing marital relations).
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In Georgia, no, as long as you have ceased sexual relations.
    Answer Applies to: Georgia
    Replied: 6/15/2011
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