When a Spouse Won’t Move Out During Divorce

Knowing who should move out and when during a divorce is one of the most difficult decisions in a separation. Once you have decided to divorce, it can be very hard to continue living together, even for a short period. Often, couples argue over who will move and who will stay in the home, and it can become a serious battle in the divorce. When your spouse won’t move out during divorce, it is further complicated when children are involved and post-divorce parenting has not yet been settled.

Divorce-Depositphotos_7530611_xsWhen Should a Spouse Move?

The courts cannot force someone out of a home to which they have legal claim. Evidence of domestic violence is one of the very few circumstances in which the courts may intervene and grant someone the home and custody of the children. If your spouse won’t move out during divorce, you will need to enlist the help of a Florida attorney to help you assess your rights and determine how to move forward.

If your spouse has no legal claim over the home, and yet refuses to leave, it is still not a good idea to act on your own and try to force him or her out. Instead, you should seek a licensed attorney. Any actions you take on your own could leave you open to scrutiny during the divorce process, and could result in a very frustrating battle between you and your spouse. Instead, trust your attorney to guide you in the right way to proceed. If you have legal cause to insist your spouse leave, your attorney can inform you of that, and tell you how to go about it in a safe, legal manner.

If your spouse won’t move out during divorce, speak to us at Miller Law before you act. We will help you find the best course of action for this, and any other element of your divorce.

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