QUESTION

Do I have to move out during a divorce?

Asked on Feb 12th, 2014 on Divorce - California
More details to this question:
My wife has just told me she wants a divorce and has told me I have to move out. I have no money, no car and nowhere to go. Do I have to move out?
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14 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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No generally you do not have to move out.. until after the divorce is finalized.. unless there are allegations of spousal abuse.
Answered on Feb 18th, 2014 at 4:51 PM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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No unless agreed or ordered by the court. Once the divorce is granted other living arrangements should be made or you may find yourself in a common law marriage.
Answered on Feb 18th, 2014 at 4:17 PM

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Not unless there is a court order telling you to move out.
Answered on Feb 18th, 2014 at 3:11 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If it is the marital home, in most states you do not have to move out. It doesn't matter if the lease or deed or mortgage are in your name. You do not have to move out until a judge orders you to do so. If you are facing divorce, it is highly recommended that you speak with a local attorney in order to best determine your potential rights and options.
Answered on Feb 18th, 2014 at 3:11 AM

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No, the Judge won't order either of you to leave absent a Domestic Violence situation. Of course, either of you may move out at any time if it is unbearable or if you are afraid of being accused of Domestic Violence. If your spouse is the primary earner, you may want to consult with an attorney (bring your last couple years taxes and current pay stubs if possible) to determine what spousal support and child support you may be entitled to receive.
Answered on Feb 18th, 2014 at 3:10 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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No, you can make a motion to the court and ask the court to let you stay in the house. However, you will have to pay the cost of living in the house.
Answered on Feb 18th, 2014 at 3:10 AM

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You should not have to move out unless there is a Court order requiring you to move.
Answered on Feb 18th, 2014 at 3:09 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Do you own the house together? Are you both obligated on the lease? If yes, then no, you do not have to move out. On the other hand, if the home is in her name only, she can evict you. However, tell her that she has to give you the appropriate notice and then file an eviction action against you. That will give you some time to find a new place.
Answered on Feb 18th, 2014 at 3:09 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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You are not required to move unless a Judge says so.
Answered on Feb 13th, 2014 at 5:39 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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You do not have to move out unless a Court orders you to do so. You should be careful not to commit or be accused of domestic violence. You can file a divorce action and request support from your spouse if you are the lower earner.
Answered on Feb 13th, 2014 at 5:39 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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No not until a court tells you that you must.
Answered on Feb 13th, 2014 at 5:38 PM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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You only have to move out if she can prove you physically abused her, or threatened to do so. As long as you don't physically abuse her or threaten her, you should NOT have to move out.
Answered on Feb 13th, 2014 at 5:38 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Not until the Court orders it.
Answered on Feb 13th, 2014 at 5:38 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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No. You have a right to stay until court ordered otherwise.
Answered on Feb 13th, 2014 at 5:37 PM

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