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Can my wife force me to move out of the house before the divorce process is completed?

Divorce 2 views 3 answers
My wife and I are in the process of getting a divorce. Her choice, not mine. We have a four year old daughter. She has asked me to move out saying it's awkward and uncomfortable. (Absolutely no physical or emotional abuse, and we don't raise our voices at all.) Though it is emotionally difficult, I have told her I will not move out as I want to have as much time with our daughter as possible since that will change soon. (I've been primary caretaker.) I suggested she can move out if she feels that way, but she hopes to keep the house so thinks that doesn't make sense. She has filed and we are now in the midst of working out a settlement. Can she somehow make me, or get the court to make me, move out prior to the divorce running it's course to completion? Can I stop her?

Attorney Answers

3
Thomas Baker ·
Only the judge can grant exclusive use of marital home. It is better to move out though for the child's sake and it need not affect parenting time. She cannot make you move out but separation probably is a selfless sacrifice and may help determine whether any chance of reconciliation might still exist.
0 upvotes
Elisse Woelfel ·
She could request a hearing and ask for temporary orders requiring you to vacate the marital home. If you don't already have an attorney, you should consider hiring one asap as divorces with minor children are complicated matters that shouldn't be attempted as a DIY project. Best of luck to you!
0 upvotes
George White ·
There are a lot of wuestions wrapped up in tnis. To make it clear, without a court order she cannot make you move out. You say your trying to work out a settlement. That implies that your DIY. Your question indicates your not even close. Get a lawyer and do it right.
0 upvotes

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