At Cordell & Cordell, we advise our clients on the perils of moving out of the marital home before or during your divorce. In fact, it’s listed as one of “The 10 Stupidest Mistakes Men Make When Facing Divorce” in Cordell & Cordell co-founder Joseph Cordell’s book.
The party that moves out is less likely to receive primary custody of the children, less likely to be granted possession of the marital home by the judge, and has little control over what is done with property located inside the home.
But if you smartly refuse to move out and your wife, in all likelihood, also refuses to leave the home, what are your options to get her to move out so you are not stuck sharing a living space with the person you are least likely to want to see?
In order to best protect yourself and your children, you may wish to file a petition for legal separation while you are considering whether to move forward with a divorce. Once a petition for legal separation has been filed with the court, you may move forward with requesting a preliminary hearing.
At the preliminary hearing, you may request that you be awarded temporary possession of the marital residence during the pendency of the separation. Should the court grant this request, your spouse will be required to move from the marital residence.
There are several factors that the court may consider in awarding this, such as the resources available to both parties, whether either party has family or close friends in the area with whom they could reside, which party will be awarded primary physical custody of the child, etc.
The filing of a petition for legal separation is also a way to financially protect your property and in the event you move forward with a petition for dissolution, the date of filing would be established to capture the snapshot of what your estate consisted of at that date and that is what can be divided between the two of you.
At that point, if you were to use your separate income and purchase property, that property would likely be excluded from the marital estate if you moved forward with a divorce or it may be added and considered marital property if you dismiss the legal separation and resume your married lives.
You may also file a request for a temporary restraining order, which would restrain both parties from transferring, selling, disposing of marital property and would preserve the marital estate.
Your best recourse would be to seek out immediate legal assistance from an attorney who focuses on domestic litigation such as the attorneys at Cordell & Cordell.
Divorce Lawyers For Men:
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
2 comments on “How To Get Your Wife To Move Out Of The Marital Home”
My wife has become violence after I been there for her through all her sickness..she has no colon 1 kidney now her mental is gone she puts the kids against me and slander my name ..what can i do the get her out..and last night she wish death on me..what can i do to get her out..
My wife refuses to leave the home even with me offering to help pay for it. She is sloppy drunk nearly 24/7 , refuses to cook, clean, or any physical activity. Everyday and night usually consists of screaming, spitting, throwing food and drinks in the home, and very negative and innapropriate behavior and accusations in front of our children. She says she will never leave, and I don’t want to be an asshole, but we have been living like this for a few months now. She has no job, id, social securtity, or any family that lives close. What can I do? Its sad but I can see my kids starting to lose respect for her and our oldest has already moved out of the home to stay with family because of it. Please help if you can.Thanks