What do you do when your husband refuses to move out?

Legal Issues If you absolutely cannot wait for your spouse to leave and he or she refuses to, you have legal options, especially if your spouse is abusive. You can take your spouse to court and request a restraining order.

When does a separating spouse want to move out?

It is when they are feeling pressured by the other spouse to reconcile. Typically the decision to move out was made long before the actual move. Once out, the separating spouse has no desire to work on the marriage. In fact, he or she is actively working to move on toward a new and better future.

What happens if my wife asks me to move out?

For example, if you move out even though your wife doesn’t want you to, or vice versa, that could potentially be used as grounds for divorce. As long as your wife has asked you to move out, or you both agree that one of you should move out, then she cannot claim desertion of the marriage.

Can a man move out during a divorce?

However, every day men facing divorce move out of their home, and every day men going through divorce quickly learn why it can be such a blunder. Once you vacate the marital home, it can be exceedingly difficult to get back in. Should I Stay, or Should I Go?

Why do spouses ask for space after moving out?

There is one main reason that spouses ask for space after they move out. It is when they are feeling pressured by the other spouse to reconcile. Typically the decision to move out was made long before the actual move. Once out, the separating spouse has no desire to work on the marriage.

Why do some spouses refuse to move out?

I’ve seen lots of very stubborn spouses. Some spouses, even when confronted with the notion that their marriage is over and that their spouse wants to leave will still refuse to do so. Perhaps they have not come to grips with the fact that the marriage is over. Perhaps they can’t afford to move out.

What happens if you move out during a divorce?

This is a natural disadvantage for you if you move out, because judges also like to keep the status quo; they figure if it ain’t broke, don’t fix it. This is why temporary parenting agreements during divorce often become permanent afterwards.

Can a court force a spouse to move out?

Legally speaking, in the absence of acts of domestic violence or one of the grounds for divorce against bed and board, there is nothing a court can do to force either you or your spouse out of the marital home. When deciding whether you or your spouse should move out, there are several issues that you should consider:

Can a spouse claim desertion if you move out?

In these states, you can get a big edge if you prove that your spouse gave you grounds for divorce. If you live in one of the 33 fault ground divorce states, then you need to make sure that your spouse can’t claim desertion of the marriage when you move out.