Can you kick your spouse out of the house before your divorce?

On Behalf of | Dec 4, 2020 | Divorce

When couples break up in the movies, one spouse usually says to the other, “You need to move out.” And they do — just like that!

In real life, it’s not usually that easy. You may be done with your marriage, but that doesn’t mean your spouse has to leave the house. As long as they have the legal right to be there, you can’t order them to leave, change the locks when they aren’t home or otherwise force them to move out.

How can you get your spouse to move out?

It may not be easy. Here are three possible ways:

  1. An order of protection

If your spouse is abusive, you may have good cause to seek an order of protection. If granted, that will likely force your spouse to find new accommodations. Be careful, however, of making claims you cannot prove because that can backfire on you in court.

  1. Simple negotiation

You may be able to get your spouse to leave through negotiation. If your relationship has become antagonistic, your spouse may not be any happier than you are about the situation. Find out what’s holding them back from leaving and see if you can broker a deal — even if it means sharing the costs.

  1. Temporary orders

Once you file for divorce, you can ask the court to make some temporary orders that apply to things like child support, visitation and more — and that includes possession and use of the family home. You may be able to make a good case to the court and get what you want.

Divorce can involve a lot of complicated issues that need to be resolved, and you can’t afford to make mistakes. Talk to an attorney about your concerns and get the guidance you need to move forward.