It’s natural that couples get upset with each other when the decision to divorce is made by one or both. It’s also natural that at least one of them may not want to continue living with the other, or perhaps not even want to see them.
Hence, it’s common that one spouse may tell the other they need to move out. What if you both want to stay?
They can’t force you out on their own
Generally, one spouse cannot force the other to leave the marital property while the divorce is underway. This usually applies even when the home is only in one person’s name — for the meantime at least.
That can change when one spouse successfully petitions a court to issue an order of protection. This court order will likely mandate that the other spouse cannot come within a specified distance of the home, let alone continue living in it.
Nevertheless, many spouses do choose to move out to make life easier. It’s important to consider that decision carefully – especially if you share children. You don’t want to leave yourself at a disadvantage going forward. Plus, being able to spend time with your children at what will be an extremely difficult moment for them is important.
If you move out, your spouse may be able to do things such as access your personal possessions or sell off items without you realizing. They may also try to influence any children you share, telling them that you wanted to leave or that the divorce is all your fault.
That’s not to say that this will happen. Many spouses do find an arrangement where one moves out without the other trying to take advantage of it.
Often, the best thing to do is to seek clarification of your options and the pros and cons of different choices from someone with the necessary legal experience and knowledge.