It is never easy to live under the same roof with your soon-to-be-former spouse during the process of a divorce. One of the most common questions asked of Arizona family lawyers in the initial consultation is about the fastest way to remove a spouse from a marital property during divorce.
Usually neither party has a superior right to use the home which means that it can be difficult for one party to remove another. Sometimes, however, living in the same house with your spouse can expedite the divorce process. This is because living together you are more likely to interact and talk through the common issues impacting your divorce. You may be able to resolve some of them on your own so that you can physically separate as soon as possible.
If you have children, it may be in your best interest to discuss your options with your spouse to determine which one of you should leave the home and what you should do with the home. You may decide that you wish to sell the home and split the proceeds to leave one person with the home in expectations that the division of property award will reflect this or other options. You need to carefully consider what works best for you and your family.
If you have physically separated in the middle of your divorce litigation, however, you may be less motivated to actually finalize the divorce because the “status quo” is too comfortable.
Unfortunately, there are situations where you may wish to remove a spouse from the home as a result of allegations of domestic violence. This may be accomplished by obtaining an Order of Protection against the spouse. If awarded, an Order of Protection could award the Plaintiff spouse “exclusive use of the residence” whichwould prohibit the Defendant spouse from being in the same house.
Another option is to request “exclusive use” of the home through a Petition/Motion for Temporary Orders. This can be a stand-alone request or can be made a part of requests for other temporary relief such as legal decision-making, parenting time, support, etc. This request may be made for reasons other than domestic violence.
Speak with your Arizona family law attorney to learn more about your options and what you should and shouldn’t do during divorce.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Remove A Spouse From A Marital Property During Divorce, or other family law issues, please feel free to contact Family Law Section at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.