Once the divorce process is commenced, how is it decided which spouse gets to remain in the marital home?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
There is no hard and fast rule on who stays in the home during a divorce. Long gone are the days in which the husband is automatically kicked out and the wife keeps the home. This determination is based on many different factors.
Are there any instances of domestic abuse? Is one party in a better position to find a place to stay and support himself or herself? Has anyone left the home already? Or can both people reside together peacefully and civilly under the same roof until the divorce is finalized?
If one party does leave the home, personal property will be divided to ensure that both spouses have what they need in their respective homes.
Once the divorce is finalized, however, either one or both parties must vacate the residence. Usually the home must either be refinanced to remove the name of the spouse who is no longer living there or it must be listed for sale.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.