Moving Out Of The Marital Home Because Of Wife’s Violence

Omaha Nebraska Divorce LawyerQuestion:

I am giving my wife the marital home in our divorce, but I do not want to move out until the divorce is final or a judge orders me to do so, per the advice given in Joseph Cordell’s book “The 10 Stupidest Mistakes Men Make When Facing Divorce.”

However, I am finally debating leaving the home because my wife tries to incite me with her yelling and increasing violent tendencies.

Can I leave before the divorce is final? If I stay, what can I do if she becomes violent?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

Either party may voluntarily leave the marital residence, however neither can be removed without a court order.

Many times it is best to have a temporary order signed that one party is leaving and the other is responsible for all the remaining debts of the home. This would absolve you of at least personal liability in the divorce proceeding.

However, you still remain obligated to the mortgage company and any billings that are in your name.

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Should I Move Out?

I would recommend seeking counsel so you can get a temporary order that you both agree upon about your vacating the marital residence if you have no plans in keeping it.

Further, a divorce attorney can assess how much equity is in the home that you will need to be compensated for in the final decree.

In the event your spouse does become violent, please make sure that you have either a witness present, leave the scene, or telephone the local law enforcement agency to protect yourself.

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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