The process of divorce is often stressful enough, having a spouse who refuses to move out can largely contribute to such stress. Here’s how to get a spouse to move out during divorce.
Disclaimer: If abuse is occurring, contact law enforcement immediately.
- Attempt to reach a compromise: Taking the time to work with an attorney and waiting for a court to resolve the issue of a spouse refusing to move out can be costly and time-consuming. If at all possible, attempting to reach a compromise between one another can mitigate such troubles. There is a large possibility that the spouse has hired an attorney who is advising them to remain in the family home so that they cannot be accused of abandonment.
- There is evidence of sufficient cause: A judge overseeing the divorce has the capacity to order a spouse to leave the family home if there is sufficient cause. In the case of fear of spousal abuse, or one has a reason to believe that a spouse’s actions could harm one’s children, the court can grant a restraining order or file an order for exclusive occupancy of the home. Regardless of the case, every spouse needs a valid cause and evidence to justify their spouse’s removal.
- Requesting for an Order of Exclusive Occupancy: Until the finalization of the divorce, one’s divorce attorney can aid in filing a motion to request the court for exclusive rights to live in one’s home. An emergency order can be requested if one fears for their safety. Orders for exclusive occupancy are often not proceeded within a swift manner. During the court hearings, each spouse presents their case as to why they deserve to maintain residency in the family home. Every state’s process for requesting an order of exclusive occupancy differs. The issued order can vary from temporary orders to separating spouses legally while the divorce is pending.
Relate: Are Divorce Records Public And Can They Be Found Online?
How to Handle an Uncooperative Spouse
- Prioritize your own wants and needs. This can be a very stressful process. If needed, consider getting help from trusted individuals or pursuing therapy.
- Pursue other avenues for fulfillment and stress relief. Starting yoga or hobbies that can mediate the stressful situation one is in can be of great benefit.
- Enforce boundaries and utilize enforcement if needed.
- Build a support system. Look to friends and family for support during hard times.
- Document all wrongdoings in case it needs to be used in court.
- Keep your lawyer informed of the situation at hand and what actions your spouse is taking.
- Keep the children a priority and take proper actions to ensure their safety and well-being.
- Try not to respond to negative behavior. Actions could be used against you in court
- Have a plan. Regardless of a spouse’s actions, take the proper actions for the divorce.
Related: 9 Divorce Options: Which Is Right For Me?
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