Living apart is very common during a divorce. Often, when one person files for divorce, they will also move out of the house and find other living arrangements.
While it is certainly true that couples can choose to do this on their own, you may find yourself wondering if your spouse can force you to leave. If you get home and they hand you divorce papers and tell you that they are kicking you out of the house, for example, do you really have to leave? What if you don’t have other living arrangements?
You may both have a right to live in the house
In many cases, it is not legal for your spouse to kick you out of the house. Understandably, living together can be difficult and contentious. But they do not have the right to force you to leave.
For example, perhaps you and your spouse are both on the home’s title together. As such, it is property that you own, and you have as much legal right to stay there as your spouse does. They can ask you to leave, and the two of you could have discussions about it, but they cannot force you to do so.
There are some exceptions, typically revolving around a court order. If there are allegations of domestic violence, for instance, your spouse may be able to get an order requiring you to leave or a protective order mandating that you keep a certain distance from them. But in a typical divorce, they cannot force you to leave of their own volition.
Navigating a contentious divorce
If you are involved in a complicated and potentially high-conflict divorce, you must understand your legal options. It can help to work with an experienced attorney.