QUESTION
How do I go about getting a court order for my spouse to leave our home before I file for divorce?
Asked on Mar 19th, 2014 on Litigation - California
More details to this question:
I’m planning on a divorce from my wife. Would I be able to get a court order for her to leave our home before filing for divorce? Also file to have our kids stay in our home until court issues are done? Also we rent we do not own. We have no bills other then rent and utilities. She does not work or have her own vehicle to support our kids.
7 ANSWERS
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If your spouse is a physical threat to you or the children, then you can obtain a temporary protective order to keep her out of the house. If not, then the court will not order her out of the house until it has heard some evidence as to who should be entitled exclusive possession of the marital residence. You can serve her with an emergency motion for exclusive possession of the marital residence at the same time you serve her with the divorce papers. You could also attempt to have her evicted, but if you're currently married then the rent is being paid with community property and she is entitled to remain in the house until the court says otherwise.
Answered on Mar 24th, 2014 at 4:13 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't see how you can do it without filing for divorce first, unless you have a reason to get a protective order. If she has threatened you or your children, you might be able to do that.
Answered on Mar 24th, 2014 at 4:13 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced family law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Mar 24th, 2014 at 4:12 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Without pending litigation no court has jurisdiction to issue such an Order.
Answered on Mar 24th, 2014 at 4:12 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You will probably not ever get that order, ever until after the divorce is final.
Answered on Mar 21st, 2014 at 7:43 PM
James Edward Smith
No can do. Need a case # and hearing to get. Spouse out of house.
Answered on Mar 21st, 2014 at 7:43 PM
Why would the court order anyone to leave his or her own home? Without an open case the court has no Jurisdiction to make any orders about your family. And you have provided in facts why your wife should leave the home and the children instead of you leaving. All things being equal you both have equal rights.
Answered on Mar 21st, 2014 at 7:42 PM