Relocation and Divorce: When You Can Force Your Spouse to Leave

There are some hard and fast rules when it comes to forcing your spouse to leave the marital home. Just because you are filing for divorce, you do not ultimately have the right to tell the other party they must move out even if it involves adultery. In fact, even in cases of physical or mental abuse there are certain procedures you must follow: you cannot just tell your spouse to leave if his or her name is on the lease or deed to the residence.
What happens when your spouse insists you must leave? Unless the residence is only in the name of your spouse, he or she cannot legally make you move. That doesn't mean you retain your spot in the marital bed or bedroom, but you will still have a place to live. Quite often people think divorce is automatically grounds to make the other party to the divorce leave, but that is far from accurate. There are only certain circumstances under which you can make your spouse leave; legally speaking you can remain in the marital home even after the divorce except under those conditions.
• Your spouse cannot make you leave the marital home if both of your names are on the deed or lease. Certainly if you are listed only as an occupant on a lease this may be possible, but in some cases the spouse will need to prove he or she makes enough income without yours.
• If both names are on the lease or the deed but your spouse is physically abusive you can force him or her to leave if you file a police report. This will also require you to press charges and impose a PFA (Protection from Abuse) order against your spouse.
• If you discover (or have reason to believe) your spouse is physically or sexually abusing your children you can force him or her to leave. Under these conditions you can often enlist the services of the Family Services Unit where you live, and they will in turn file the necessary paperwork for you. However, you can avoid this step and file the paperwork yourself.
Relocation during divorce is a very painful step for both parties, but when your spouse attempts to force you to move, it can be even more painful and create an open environment of bitte
ess. Of course, when relocation during divorce is paramount to the safety of one spouse and/or the children this step becomes necessary. In some cases professional counselors will advise one of the parties to leave if there are arguments that may have a detrimental effect on the children. While this situation does not constitute legal grounds for removal of the spouse, if professionals feel the environment is unhealthy for the children, they have the right to intervene. In these cases the couple is usually provided the option of one of the parties leaving the house or the state taking custody of the children for their own safety and well being.