Single Parents

What if the spouse won't leave?

Asking for a friend who's decided she wants a divorce.  Her husband wants the house and is refusing to move out.  Does anyone have any experience with this? 
Jenni ~~Alex & Avery ~~ 6/13/06~~Adam ~~3/26/08


Re: What if the spouse won't leave?

  • Depending on the state, if she is the first to file for divorce, she can ask for temporary orders, including that he cannot come to the house. I would definitely consult a lawyer, though, just to make sure.
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  • And those temporary orders are when she files, not when the divorce is finalized.
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  • One of my parent's friends had this exact same situation happen to her.  When they each got lawyers to get ready to proceed with the divorce his lawyer actually told him he had to leave since she was living there with the children (we live in Ohio so I'm not sure how that varies state to state)...but I'd say he probably does have to go.
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