Divorce is stressful, and it is often characterized by escalating contention between the estranged spouses. Often, this strife leads one party to leave the marital residence. However, it is not advisable for a spouse seeking possession of the marital residence to leave the marital residence during the pendency of the divorce. With this in mind, our Atlanta Divorce attorneys are often asked: "can I force my estranged spouse to leave the marital residence?"
Generally, because both spouses would jointly own or possess a marital residence, both spouses have equal right to access the residence. Thus, one spouse cannot unilaterally deny the other spouse access to the marital home. Only if the judge presiding over the divorce matter enters an order granting one spouse exclusive possession of the marital residence may that spouse force the other spouse to leave the home. Absent such an order, or a restraining/protective order granting one spouse exclusive use and possession of the marital property, may one spouse exclude another spouse from a marital residence.
If you are seeking divorce or currently going through the Georgia divorce process, and would like more guidance on issues such as this, seek the guidance of one of our experienced divorce attorneys.