It is common for couples to seek separate living arrangements once they decide to get divorced. Living together can be stressful, especially in a high-conflict divorce, such as one involving infidelity. In those situations, people often want more distance and their own living space.
However, this is a decision that generally must be made voluntarily. A spouse typically cannot force the other person to leave the marital home simply because the couple is getting divorced. In most cases, both spouses have a legal right to live in the home, and one person cannot remove the other without a court order.
How could they get a court order?
A court is not going to issue an order forcing someone out of their home solely because the marriage is ending. Instead, the court will usually only do so if it believes the situation is necessary to protect health or safety.
For example, if one spouse alleges domestic violence, they may be able to obtain an order of protection. This type of order may require the other spouse to have no contact with them and to maintain a certain physical distance. In that situation, the order could require one spouse to leave the home because continuing to live there would violate the court’s instructions.
These situations typically involve serious circumstances, such as domestic violence, abuse or other safety-related concerns. Simply deciding to end a marriage is not sufficient justification to force a spouse out of the home. Both spouses usually have the right to remain in the residence until the divorce is finalized and the home goes through property division.
A complicated divorce
If you are facing questions like these during a divorce, the situation can quickly become complex and confrontational. It is very important to understand your legal rights as you move through this process.