Does my Husband or Wife Have to Move Out?
No, neither spouse is required to move out of the marital home unless there is a court order requiring such action. Many spouses (and their children) find themselves living under the same roof at the time their divorce cases are filed, which may exacerbate their strained relationships.
Sometimes, a spouse might move out voluntarily to avoid
altercation. However, there will be a case where neither spouse volunteers to
move out. If one spouse wants the other spouse out of the marital home after
the filing of the divorce lawsuit, then that spouse will need to obtain an
order from the court requiring the other spouse to move out of the marital
home.
Right to Possess Marital Home during Divorce Litigation
A
spouse cannot engage in self-help to evict the other spouse. For example,
unilaterally changing the locks or password to the marital home to prevent the
other spouse from coming into the marital home could cause negative legal
consequences.
Cohabitation during Divorce Litigation
Many spouses do not feel comfortable
living in the same home while their divorce cases are pending. There are some
ways to address the issues related to cohabitation during divorce litigation.
For example, some spouses use separate bedrooms and try to avoid contact with
the other spouses as much as possible inside the home. If the marital home has
a basement, one spouse might move into the basement and stay away from the
upper floors. This type of voluntarily arrangement may be effective and help
deescalate the situation at the marital home.
However, there will be situations
where separate living arrangements may not be effective. If so, the parties may
need to have the court intervene to help them find a resolution.
Request for Temporary Exclusive Possession of Marital Home
There are circumstances under which
the court may step in and order one spouse to vacate the marital home on a
temporary basis.
One example is where domestic violence
is present. A spouse who is a victim of domestic violence may file a petition
for temporary protective order or a motion within the divorce case to request
that the other spouse be ordered to leave the marital home on a temporary basis
(or order the other spouse to provide that spouse with temporary housing).
There may be other reasons the court
might order one spouse to vacate the marital home on a temporary basis. The
spouse who wants the other spouse out of the marital home would file a motion
containing such requests, and then such requests would usually be heard at a
temporary hearing (unless the parties reach a temporary agreement on this
issue). A temporary order regarding temporary possession of the marital home
would generally contain provisions spelling out which spouse should temporarily
pay for the recurring expenses associated with the marital home (e.g.,
mortgage, homeowner's associations fees, utilities, etc.).
If the parties have minor children,
the issue related to temporary possession of marital home could get very complicated.
It may be wise to consult with a Georgia Divorce Lawyer or Atlanta Divorce
Lawyer if you are in a situation where you cannot continue to live at your
marital home with your spouse.
Written by: Daesik Shin