QUESTION: Is there a way to mandate that someone leave the house during divorce? If someone is served divorce papers, do they have to leave the house? If not, then is there a way to request it?
MY RESPONSE: Service of a divorce case on a spouse is not an eviction notice requiring that spouse to move out.
Many couples going through divorce remain in the same home, for economic reasons, because the costs of living are greater for separate homes than they are for one home. However, the parties should sleep in different parts of the home, avoid negative interaction, and keep the peace - violence or threats of violence could result in Domestic Violence Restraining Orders which could exclude the offender from the home.
You could request that your spouse leave the home, but absent violence or threats of violence, there is no way to compel your spouse to leave the home.
Do not make false claims of violence or threats of violence, because they are inappropriate and can backfire on you.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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