I want him/her out – now!
When a married couple agrees to divorce, it signals the end of the union. However, it is easy to recognize that there are still many unanswered questions. I am often asked this question by one of the parties: “We have already agreed the marriage is over and I want him (or her) out of the house now. How do I go about it if he (or she) refuses to leave?”
Although you and your soon to be ex may have mutually agreed upon the need to divorce, there are still many things left wide open. Who will leave the marital home, and when he or she will leave, is one of those issues. Married couples who have reached the decision that divorce is inevitable have gone through many emotional hardships. After coming to that decision, one of the spouses often wants it “over and done with” as quickly as possible. Time to move on and get a fresh start. You don’t want to see the other person every time they walk into the house. He can’t get away from that reminder of what was and what will be in the future. If one leaves the home, all of this emotional difficulty, mixed with perhaps fighting or other difficulty, would no doubt lessen.
This issue isn’t as easy as it seems. If the home is a marital asset, neither party is “more” entitled to stay than the other, at least initially. What if both parties want to stay and request that the other leave? If there are children, the decision involves analysis of the future parenting plan. Does it make sense for the mother to move out and take the kids from the marital home? Can the parties afford to maintain two households during the divorce? Or does one party have a place to go that is affordable? If it isn’t financially feasible, the Court may not order this at the outset. Is there fighting and violence taking place in the home that would warrant the Court’s ordering one party out over the other?
Since every case is unique to its facts and circumstances, it is important that you seek the advice of an attorney to review your circumstances and your goals. Even if the attorney doesn’t give you the advice that is expected, or hoped for, at least you know what to expect and how the case will likely unfold so that you can plan for the future. The family court does not always rule, or consider a case, the way that one might think or hope. Often, the Court considers factors that may surprise a litigant or in a way that might not make sense to a litigant. It is important to work through these issues with an attorney to understand the Court’s view and know what path to take in order to meet your future goals.
Are you in this situation now? Do you want to talk about your case and let me help you through your divorce? Contact me HERE for a consultation.