QUESTION
Do I have to move out if my husband wants to file for divorce?
Asked on Feb 10th, 2013 on Divorce - California
More details to this question:
My husband wants a divorce and said I have thirty days to move out of the house, but he is not returning until that time. I have no place to go.
11 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
No he cannot force you to leave the marital residence. You need to consult with an attorney.
Answered on Feb 14th, 2013 at 12:21 PM
Family Law Attorney serving Woodland Hills, CA
Partner at
Law Office of Daniel B. Rubanowitz, APC
1 Award
In general, you probably do not have to move out of the family residence just because your husband tells you he wants a divorce and wants you to move out. Every case is different and it always depends upon the facts. For example, if there are issues of domestic violence, most attorneys would advise to you get an emergency protective order or temporary restraining order excluding the perpetrator of violence. If finances are an issue, you might want to file for a divorce first and ask the Court for support so you can afford to get yourself another place if you cannot or do not want to stay in the former family residence. It all depends upon the facts of your case. You should consult with a Family Law Attorney.
Answered on Feb 13th, 2013 at 4:04 PM
No, you do not have to move out of the home unless he has a court order ordering you to vacate the premises. There are advantages in being the first to file. If he has not filed yet, I would suggest that you file immediately and bring this issue up with your attorney. He will be able to advise you as to the best strategy to ensure that you can stay in the home, at least in the short run. If your husband has already filed, see an attorney immediately to determine your best course of action.
Answered on Feb 13th, 2013 at 4:04 PM
Child Custody Attorney serving Oklahoma City, OK
at
Carla L. Robey-Harcourt Attorney at Law
Update Your Profile
No, you can file for divorce and seek a temporary order asking for temp possession. If there is a chance if domestic violence, them you need to leave and seek a shelter. Do not take a chance with your well being.
Answered on Feb 13th, 2013 at 4:03 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You do not have to move out unless he gets a court order to "kick you out." Tell him that you will not move until the divorce is resolved. You need support and moving expenses before you should leave. Talk to an attorney.
Answered on Feb 13th, 2013 at 4:03 PM
John Arthur Smitten
there is no requirement that you move out.
Answered on Feb 12th, 2013 at 6:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Need the details and you need an attorney to counsel you as to your rights and expectations.
Answered on Feb 12th, 2013 at 6:06 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Tell him it is your house and you are staying there until the divorce is final. Now, if it is his house and you are not on the title, I suggest finding a new place to live. He gave you thirty days to look. I would still tell him you intend to stay there. Force him to file an eviction action.
Answered on Feb 12th, 2013 at 5:56 PM
If you need to stay there during the pendancy of the dissolution you should apply for a court order granting you the temporary use of the home. You should consult a family law attorney about the likely disposition of the home.
Answered on Feb 12th, 2013 at 5:48 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
Either of you can ask the court for temporary orders related to possession of the house during the pendency of the divorce. I suggest you hire a lawyer.
Answered on Feb 12th, 2013 at 5:40 PM
Your facts Are slim. But you do not have to move out. It sounds like the house belongs to you both.
Answered on Feb 12th, 2013 at 5:17 PM