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Related Reading: Can Living Separately While Married Be a Good Idea? Can you get your partner evicted during a divorce?Ĭan you kick your spouse out of the house forcefully? No, you can’t. However, it’s always better for the couples to discuss and come up with an amicable solution that is best for the family. The absolute truth is no one knows if choosing to stay or leave will be the best for the marriage except for the couples. The partner can argue that remaining at home instead of disrupting the child’s life is a better option.Īlso, both spouses can reconcile after one party has moved out, disrupting the child’s life again. Most spouses will prefer to stick out the divorce process in their home because of the adverse effects on their child. If the abuser is the husband, the court can get the husband out of the house. The court can order the abusive spouse to leave the house and stay away from you and the kids. In cases where your spouse physically abuses you and your kids, you can seek an injunction or a protective order. Domestic violence is one important factor that determines if a spouse should move out during a divorce. Spouses, either emotionally or physically abused, should take the necessary steps to protect themselves and divorce when it’s time to leave, even if that includes making the abusive spouse move out. However, various factors can determine how to get a spouse to move out during a divorce and if a spouse should move out, they include: Situations like this are never clear-cut! Living under the same roof with a soon-to-be-ex is not ideal for most couples. There is no absolute answer to this question as it depends solely on the couples and their unique circumstances. “Should I move out of the house before divorce is completed?” Should a spouse move out during a divorce? Nevertheless, there are legal ways on how to get your spouse to move out during a divorce instead of physically or unlawfully forcing them to leave the residence without a court order. It can be more problematic for couples to remain under the same roof during a divorce because they are likely to succumb to fights. Kicking a spouse out of the house can be a very difficult task. Therefore, it is not a surprise when a spouse refuses to move out during a divorce. Married couples are most often tied to their home, both financially and emotionally. Which spouse gets to stay in the residence during the divorce?