The divorce process includes much physical and emotional tension. Many couples settle upon moving apart during the marriage termination once they find out how long does the divorce process take. But some divorcees are reluctant to abandon their marital home and don’t wish to cooperate with their partners in any way. If you face similar complications when bringing your marriage to the end, consider some ideas for you to solve the issue.
Why Your Spouse May Be Reluctant to Leave
Before you discover how to get your spouse to move out during divorce, it is essential to understand why they are so eager to stay. If you know the reason behind their behavior, it will be easier to build up the top suitable solution to your situation. Check out some of the common reasons:
- they just don’t want to cooperate;
- cannot admit the end of the marital relationships;
- have financial hurdles;
- are afraid about losing the right to the property;
- do everything to oppose you and worsen your life.
As soon as you find out the real reason why your partner doesn’t wish to abandon your house, you will manage to simplify the life of both of you. Try out discussion and some lawful measures also to get your house free of your partner without trouble.
How To Make Your Spouse Move Out
If your spouse is still around you on the daily basis staying in the same house and causing more trouble to you in addition to your divorce-related tension, there is a high possibility for you to go bananas or commit a murder before the divorce is over (joking!). The truth is that you will both perform better if you live apart. But if your spouse doesn’t want to accept it and simplify your life, review the steps you can take.
1. Consult the Local Law
Many states oblige couples to live separately for an exact time before they can file for divorce. So, if you get separated, you have no other choice but to obey the law and move apart. Plus, your local legislature can also stipulate who has to leave the house in a divorce process or during separation. Usually, the financial situation, health issues, caring about children, and some other aspects are taken into account when the decision is ready.
Meanwhile, the states which don’t make a separate living a mandatory requirement don’t enable you to force your soon-to-be-ex out of your marital house. Both of you can live there until the divorce is over and a relevant regulation about your marital home is delivered.
2. Discuss the Issue Amicably
If general divorce requirements don’t grant you any direct solution, you can try out a peaceful way to resolve the issue. Try to sit and talk with your partner about why they don’t want to leave the house and how living apart will make you both feel better.
You can also ask a therapist or family counselor to help you. A relevant specialist will help you come up with an accommodation idea comfortable for both of you. You may negotiate to offer your spouse any other desirable benefit in return for you living in the house on your own. Anyway, communication must be your preferred weapon in similar cases.
3. Appeal to Temporary Orders
In case communicating with your partner equals beating against the wall, you should apply the legal ways out. One of the fastest means to make your spouse leave is to appeal for temporary orders to be passed.
Temporary orders are to regulate your relationships before the divorce is over and new regulations are determined. You can ask for temporary orders when there is a threat of abuse from your partner, when living together affects your children negatively, and in any other similar situations. Then the orders will force your partner to quit staying in your house or don’t go near you and your family so that you cannot live together anymore.
4. Get Your Spouse Evicted
Contrastly to temporary orders which are terminated along with the divorce, you can bring your spouse legally evicted and they will hardly turn back later. Here are several tips on how to kick your husband out of the house legally:
- Non-marital property – if you bought the house earlier than you got married and your spouse hasn’t committed to it during living there, you can make your partner leave in a legal way.
- Domestic violence – if you or your family suffer from any kind of abuse on the part of your spouse and you have the relevant evidence, your partner may be lawfully evicted.
- Fault-based divorce – if you opt for a fault-based divorce, the law can make your spouse leave your marital house so that you can prove their fault without any pressure.
If the first two solutions are worth trying, fault-based divorce may be a high price to pay for your soon-to-be ex to quit living together. It will include a long-term process and many related expenses. So, consult a lawyer to know whether such a choice will bring you more troubles or benefits.
5. Opt for Alternative Solutions
If moving out before the divorce is final is a financially difficult solution for your spouse and you are ready to support them, there are some amicable ways out:
- Birdnesting – the children stay in the marital house, while parents take turns living there, a week or a month per spouse, as discussed. While at different times they stay with friends or relatives or rent accommodation nearby.
- House splitting – if the marital house is big enough the spouses can separate the areas they occupy. If you need to exploit the common area, you can schedule the occupation or use it together if possible.
Yet, these options are suitable only for partners who are ready to cooperate and tolerate each other.
If you aren’t sure about the best possible way to bring your spouse out of the house without worsening the results of your divorce case, it is highly recommended to consult a lawyer and make the best comfortable decision for you and your family.
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