Frank & Candid Divorce Info

Question: Who Moves Out?

Answer: This is America and people cannot be deprived of the use of their property without due process of law. Neither party has to move out just because the other spouse has asked him or her to do so. It is becoming more and more common for parties to remain in the same residence during the pendency of their case.

Our law does provide for the removal of one spouse from the marital home upon findings of abuse, domestic violence or other acts that jeopardize the physical or mental well-being of other members of the household. The spouse against whom eviction is sought will receive a full hearing by the court to determine if his or her removal from the residence is or was warranted.

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