Is there a way to mandate that someone leave the house during divorce? 30 Answers as of June 13, 2011

If someone is served divorce papers, do they have to leave the house? If not, then is there a way to request it?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Service of a divorce case on a spouse is not an eviction notice requiring that spouse to move out. Many couples going through divorce remain in the same home, for economic reasons, because the costs of living are greater for separate homes than they are for one home. However, the parties should sleep in different parts of the home,avoid negative interaction, and keep the peace- violence or threats of violence could result in Domestic Violence Restraining Orders which could exclude the offender from the home. You could request that your spouse leave the home, but absent violence or threats of violence, there is no way to compel your spouse to leave the home. Do not make false claims of violence or threats of violence, because they are inappropriate, and can backfire on you.
Answer Applies to: California
Replied: 6/13/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
There is no law that requires a party to move out. You can however get an order requiring a party to vacate the home via temporary orders.
Answer Applies to: Washington
Replied: 6/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, you said the other side was served this leads me to believe you have a lawyer, or you have undertaken this on your own. If you have a lawyer, you need to ask your lawyer if you can get a kick-out order. This is not something you should attempt on your own.
Answer Applies to: Texas
Replied: 6/13/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
You can that you be granted exclusive use and possession of the home during the divorce proceedings. Otherwise, neither party is required to leave the house.
Answer Applies to: Florida
Replied: 6/10/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
In a divorce, either party may file a Motion seeking an Order for Temporary Relief while the divorce is pending. In such a hearing, the court may hear arguments as to who should have possession of the home, who should pay what bills, whether any support must be paid and issues related to custody and child support.
Answer Applies to: Minnesota
Replied: 6/10/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    You will have to request temporary orders from the court to include exclusive use of the home.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, serving with divorce papers does not mean someone has to leave the marital residence. The only way to make someone leave is to get a court order stating that they have to do so and giving the other person exclusive use and possession of the home.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Brian Walker Law Firm, P.C.
    Brian Walker Law Firm, P.C. | Brian Walker
    The mere filing and serving of the divorce papers does not trigger a duty for one person to vacate a whole unless the papers include an ex parte order from the court requiring them to do so. At your first hearing, however, such a request can be made and is generally ordered. Beyond what I have told you, these issues are very fact-specific and would require a thorough review for a more specific answer. Feel free to contact me if you have any further questions.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    To get someone out of a home, you need to file a motion and seek court orders that have that person removed. Usually, this is easier to do when there is domestic violence.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is nothing specific in the mere filing of a divorce that requires one party to move out of the family home. However, it is likely that, when you get to the temporary orders hearing, if there is one, that one party will be ordered to move out by the court. Which party this will be will depend on the specific circumstances. Even if there is never a temporary orders hearing, it is often a good idea for one party to move out. The tensions between the parties to a divorce can run quite high. One party moving out can sometimes reduce those tension, making for a smoother case.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, you can file a motion for temporary orders in the divorce, and among other things ask the court to require a party to move out of the residence. If there has bee domestic violence, you may want to file for an Order to Show Cause requiring an immediate move that can be served along with the Summons and Petition.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes, either through a Temporary Protective Order or Temporary Restraining Order, or through a motion for Temporary Orders.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    If you are at this point in your divorce, it is imperative that you have a divorce lawyer to discuss all your rights and options. Your question did not specify as to whether there are justifications for the relief you want. Again, please consult with a divorce lawyer about all your rights and options ASAP! Good luck!
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can file a motion for exclusive use of the marital property. The court will examine the situation and determine whether it is appropriate to put someone out.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes. it is possible to request exclusive use of the family residence while the divorce is pending. It is not automatic, for instance, by serving a divorce petition. You need to file a motion with the court requesting such orders. Best to contact a local family law lawyer to assist. Good luck!
    Answer Applies to: California
    Replied: 6/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You can ask, but the court will require evidence that he or she is being abusive or is otherwise a threat to your safety. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Only if there is an allegation of violence or the threat of same. Then a court order can be obtained to direct the violent person out of the house. Speak to a matrimonial lawyer right away,. Good luck.
    Answer Applies to: New York
    Replied: 6/9/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    There is no requirement to leave just because someone has been served with divorce papers. A motion for exclusive use of the premises can be filed, but neither party has to leave until there is an order of the court. The above answer does not apply if there is a basis for a Family Abuse Restraining Order, which must be obtained in a separate proceeding based upon certain criteria that is outlined in the statute, including but not limited to physical abuse; threat of physical abuse; threat of imminent physical injury and other listed factual basis. This is an entirely separate proceeding from a divorce filing.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You may request an order for a person to leave the house...but you need a reason. Consult with a domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/9/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Just because someone is served divorce papers, they are not required to leave the house. Bid you want possession of the house during the pendency of the divorce, you must as for a court hearing and ask the judge to award you possession of the property.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    The English Law Firm
    The English Law Firm | Robert English
    The mere service of divorce papers does not create an automatic move out order. However, either party can make a request by motion or Order to Show Cause to the court for control of the property.
    Answer Applies to: California
    Replied: 6/9/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    No, there is not a mandate that someone needs to leave the home during a divorce. However, if a party is a physical threat to the other, you may seek a restraining order or a move out order from the court.
    Answer Applies to: California
    Replied: 6/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    File a motion for exclusive possession.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No one has to move just because divorce papers are served. If you can show a compelling reason (usually a danger of family violence or abuse), you may be able to seek an emergency order or expedited hearing on temporary possession. Discuss this with your lawyer (this is not a pro se project).
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You can request exclusive occupancy by filing a motion for a temporary order. To get exclusive occupancy, you have to show threats of abuse, abuse, or some highly unusual circumstances over and above the extraordinary stress of the divorce itself.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Sure. In Washington either party can request an order from the court removing the other party from the house. But two can't live as cheaply as one, so consider the ramifications. Good luck.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    They do not have to leave the residence absent a order of the court. A residence exclusion order is possible if the party that you wish to have removed is engaging in conduct which makes continuing to reside together impossible. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That is a question that can be decided by the divorce court as a part of Temporary Orders. There is no rule that says which party will be required to leave - the judge will have decide after hearing all the arguments.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, you can file a motion for temporary.
    Answer Applies to: Massachusetts
    Replied: 6/9/2011
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