How To Remove A Spouse From The Home

19 Jul Removing a Spouse from the Abode During the Divorce Procedure

Posted at 06:30h in Miami Family Law

Divorce tin can be difficult. Possibly one of the most challenging aspects of divorce is seeing your spouse in your home every twenty-four hour period while the divorce proceedings are still ongoing. Sometimes the spouse will be willing to get out the marital domicile upon request. After all, the contact may exist difficult for the both of you. However, if he/she is not willing to move out,  yous may want to accept steps to have your spouse removed from the marital home. Inside the state of Florida, though, this tin be a tricky process, just there are some instances where a judge can dominion that a spouse must get out the marital home.

Domestic Violence

First and foremost, in the case where domestic violence is occurring in the marital home, a approximate can force the removal of the spouse from the marital home. In lodge to bring this about, the abused spouse must become to the approximate and seek relief. Relatedly, the spouse can seek judicial relief and have the other spouse removed from the marital domicile if the other spouse has a restraining lodge placed against him or her. While it can seem like a daunting task, if you are the victim of domestic abuse, information technology is likely best to seek relief from the court by having your spouse removed while the divorce proceedings are ongoing.

Agonizing the Peace

If it can be proven that the spouse is agonizing the peace or disrupting the neighborhood, the judge tin also grant temporary relief by having the spouse removed from the marital home. This, however, is non always a permanent removal. Regardless, just as in the previous example, the spouse must seek relief from the judge in society for this removal, temporary or not, to occur.

Eviction

Finally, and perhaps understandably, the spouse can exist removed from the marital home if he or she is evicted. In the instance that a spouse is legally bound to go out the marital abode in a mode unrelated to the divorce proceedings, the spouse is still required to exit. It is important to remember that even if the marital home is solely in your name and not your spouse's, then y'all still must follow guidelines if you wish to accept them removed.

Should I Stay….

As previously mentioned, spouses may sometimes choose to go out the domicile on their ain accord. There are both positive and negative aspects to making this option. Notwithstanding, it may cause complications in other areas, peculiarly if Child Custody is an upshot in your divorce. Obviously, if there are children involved, leaving the home can be difficult for them and for the parents. If you and your spouse share your marital home with children, consider discussing the situation with both your spouse and your chaser. If you do not share your marital home with children, this is not an upshot, merely the cost of leaving may cause issues. Leaving the marital dwelling and finding a new residence can testify costly to both parties. Consider your finances earlier leaving or asking your spouse to get out the marital home.

Or Should I Go?

On the other manus, remaining in or having your spouse remain in the marital home can also cause bug. Most notably, stress becomes a large trouble if both spouses remain in the marital domicile during a divorce proceeding. Similarly, remaining in the abode merely postpones the separation for a short amount of time. If y'all are already committed to your divorce, information technology may be best if you lot or your spouse left the marital home to assistance expedite the emotional healing. Finally, if you and your spouse even so share your marital dwelling with your children, you should consider the impact of you (or your spouse) continuing to reside in the house on them. Is it a tense atmosphere in the home?  Furthermore, if you or your spouse chooses to leave the marital home of your own accord, in that location isn't a chance of a charge of abandonment of spouse. Florida does not recognize spousal abandonment in divorce proceedings.

Divorce proceedings can exist a long and arduous process, but information technology doesn't always have to be. Speak with your attorney about the benefits of leaving your marital dwelling house or the possibility of having your spouse removed.

Source: https://brickelllegal.com/removing-spouse-home-divorce/

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