It is often difficult to get a spouse to move out when they refuse. You did not state whether there has been domestic violence. If there is domestic violence you can file for an injunction and the court can immediately remove your spouse. Another way to get your spouse out is to file a motion for temporary exclusive use and possession of the marital home. This must be done either along with or after the divorce petition is filed and cannot be filed prior to the divorce action. The court may determine that one spouse should vacate the home, and will consider which spouse has a greater ability to find another place to live. A third option is to provide your spouse with the ability to leave. This means give him money for first and last months rent, utility deposits, and moving cost. Often a spouse will not leave because they have no place to go or cannot afford to move out.
Answered on Apr 19th, 2013 at 4:04 PM