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Can I get my spouse to leave our shared home during a divorce?

On Behalf of | Oct 2, 2024 | Divorce |

Divorce is an emotionally taxing experience, even more so if spouses have to continue living together. The strain of constantly being around an estranged partner can raise tensions and hinder the healing process.

Many individuals grappling with this situation might want to opt for separate living arrangements during divorce proceedings. While the legal landscape surrounding this issue is complex, understanding your rights and potential courses of action can provide a measure of relief during this challenging time.

When a spouse might need to move out

Connecticut law doesn’t usually let you make your spouse leave your shared home during divorce. But there are some cases where a court might order one spouse to move:

  • Domestic violence: If there’s abuse, you can get a restraining order. This legal document can make your spouse leave the home right away.
  • Exclusive possession order: In high-conflict cases, you can ask a court for this order. It lets one spouse stay in the home while the other must find somewhere else to live.
  • Child safety concerns: If your spouse puts your children at risk, a court may order them to leave.
  • Temporary court orders: During divorce, you can ask the court to decide on temporary living arrangements. This might include asking one spouse to move out.

Courts look at each case carefully before making these decisions.

Agreements and things to think about

Sometimes, couples agree that one person will move out during the divorce. If you’re thinking about this, be aware it could affect the division of property or property custody arrangement decisions. It’s important to talk to a lawyer before deciding to move out.

If you feel unsafe at home, your safety comes first. Reach out to domestic violence resources or the police if you need to. Your well-being is crucial during this hard time.

Dealing with shared living during divorce can be complicated. Talking to a family law attorney can help you make better choices during your divorce.