Filing for divorce won’t guarantee that your spouse would leave the house. After all, no law states that your spouse should leave because you’re getting a divorce. Plus, the family home is technically still marital property because you’re not divorced yet.
However, you’ll be relieved to know that if your living situation becomes dangerous or unbearable, you have some options, according to The Burnham Law Firm, P.C. and other divorce lawyers in Denver.
Legal options to remove your spouse from the family home
Although the laws regarding removing spouses from the family home vary widely from one state to another, a majority of courts would be unwilling to do so unless there’s past, potential, or existing emotional or physical abuse involved. The same applies even if the family home is under the name of the spouse requesting the removal of his or her partner because courts prefer that the couple resolve this issue on their own or else wait for the divorce to be finalized.
Is there another way?
Getting the court to order your spouse’s removal from your home isn’t your only option. If your spouse is amenable, it might be easier for both of you to come to an agreement. This is simpler and faster than filing all sorts of papers and going to court dates. On the other hand, if both of you are having a difficult time communicating, consider getting a mediator to help you out.
It’s important to note that courts are wary of granting an order to remove a spouse unless the other spouse, the claimant, could prove the abuse. If you do manage to get a temporary order from the court because your spouse threatened to hurt you, this might not be sufficient to keep him or her out of the house for good. The reason for this is that many spouses do this just so they could kick out the other from the house.
If your request for permanent removal gets denied, your spouse would certainly come back, and you could be in a worse situation than you were before because of what you tried to do. If this happens, it’s better to leave the marital home until you get your divorce finalized.