Let me give you a lawyer-like answer - It depends. First, if one spouse packs up and leaves, the other spouse most likely gets to stay. This, of course, is subject to other factors like a pending foreclosure or eviction of rental or lease tenants. On another issue, if one party has engaged in domestic violence or placed the other party in a reasonable fear of grave bodily harm within the last six months, the other party can go to the courthouse and get a domestic violence restraining order (FAPA order) which, upon service by the sheriff, will command the offending party to leave (but the offending party can ask for a hearing within 30 days and the order could be reversed based on evidence received at the hearing). In a "normal" divorce in which neither party has moved out and both want to stay in the home but there is no claim of domestic violence, the party who first files the dissolution petition can move for an Ex Parte order granting an order that they be allowed to stay in the house pending further order of the court. This would be granted if, say, Mom is the primary care provider for the kids and they are going living in the home and going to school while Dad can easily stay with friends or relatives and keep working at his current job to help support the kids. The courts are supposed to decide these matters based on "equity" or what is fair under the circumstances. The thing to do here is to see a local lawyer and explain your own situation so the lawyer can tell you what you can expect from the court.
Answered on Mar 12th, 2013 at 7:51 PM