QUESTION
Possibly looking into separation but do not want to have to move out due to having 3 children. How do you get spouse to legally leave?
Asked on Sep 10th, 2012 on Divorce - California
6 ANSWERS
In filing for the divorce you can request possession of the family home, at least temporarily until a final determination is made.
Answered on Sep 13th, 2012 at 11:49 AM
Dennis P. Mikko
Once a complaint is filed, you would have to file a motion asking the court to grant you exclusive use of the marital home. It would then be up to the court's discretion as to whether the motion was granted.
Answered on Sep 13th, 2012 at 11:48 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Each county has their own rules for granting exclusive use of the residence. You need to check the rules in your county or consult with a local attorney.
Answered on Sep 13th, 2012 at 11:46 AM
In your initial filing, you request possession of the marital estate. If you also request custody this is usually granted to the parent that is awarded custody. After the initial filing for separation or contemporaneously, you would file a motion for temporary support. In that motion you would ask for the court to order your spouse out of the house and award it to you until the court disposes of the matter.
Answered on Sep 13th, 2012 at 11:46 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have to file your case and then ask the court to order him to leave.
Answered on Sep 13th, 2012 at 11:43 AM
You can bring a motion once you have filed for separation for temporary exclusive use of the home. You should consult a family law attorney to determine what type of action should be brought and how to bring a motion for control of the property.
Answered on Sep 13th, 2012 at 11:30 AM