Combative Spouses Are The Worst

This is especially true if you have to live with them pending a divorce. Unfortunately, sometimes finances don’t allow one party to move out right away. And the fighting continues and escalates.
Courts can order “exclusive use and possession” of the house to one party if there is evidence of domestic violence happening
in the home, or if one spouse has left the residence and established a new temporary residence, or if the children are being traumatized by high volatility within the home.
If one of the parties is found guilty of domestic violence, that person can be “kicked out” of the home. A typical family law restraining order usually requires the abuser to immediately move out of the residence and stay 100 yards away from the house, the victim, and the children, if applicable.
Absent domestic violence or abuse as defined in the family law codes, the courts can also grant exclusive use of the home where there is high volatility within the home where the minor children reside.
In this case, if the court finds that the children cannot escape the tension and are suffering emotional distress,  the court can order one party to move out. This motion is not filed on an emergency basis with the court and is usually heard 45 days after the papers are filed.
Maybe your spouse moves out, and they later decide to “move back in”. This usually causes a lot of resistance and upheaval, especially if the person moving back in was out for a significant period. The court can prevent the person from moving back in depending on the disruption caused by the move-in.
If you are forced to live together during the case or until the house is sold, establish your own space. Live together as if you were roommates. Respect each other’s space. Don’t talk about the case and defuse any confrontations in front of the children. And while this may seem obvious, it is highly recommended that you don’t bring any new romantic partners into the home before moving out.
Your case and your life deserve the very best. Call Certified Family Law Specialist Denise Lite at 877-317-8080 to set up your consultation.