This is important strategically because what occurs at the beginning and middle of a divorce, such as you remaining in the home and your spouse living elsewhere, is what tends to end up happening ultimately. In the timeline of a case, a temporary orders hearing is the first opportunity for both parties to appear before the judge that can potentially decide their fate, post-divorce.
As it pertains to asking your spouse to move out of the home prior to this hearing, if your spouse actually does move out- and your kids remain with you, that is a huge hurdle for your spouse to overcome in the hearing. Simply put, since your spouse has moved out, it looks like they are willingly leaving the children behind and that is something that a judge will most likely not look highly upon. This alone can cause a judge to name you the "primary" joint managing conservator which allows you to choose the residence of the children in addition to having the aforementioned exclusive use of the home.
As a case moves towards its conclusion, the fact that you have remained in the house and your spouse hasn't can cause a judge to more strongly consider awarding the home to you in a trial setting. Should you and your spouse settle the case prior to a final trial, then it will still give you a strategic advantage that many opposing parties will not risk going to trial. The reason being that the presumption is so strong that the party that has vacated the home will not be awarded the home in the trial, most people in this scenario will not want to wager additional time, energy, and attorney's fees to find out if they can overcome those odds.
Other factors are important to consider as well when weighing whether to ask your spouse to move out of the home. There are emotional ties that each person living in a house will have that go beyond the structure itself. Memories and nostalgia, even if recent times have been bad, will cause most people to fight hard to remain in the house even if you kindly ask them to leave. If you have questions regarding divorce , it's important to speak with ar Spring , TX Divorce Lawyer right away to protect your rights.
A d ivorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. As we begin to enter and the holiday season, I can think of no better time than now to discuss what you can do to maintain your Getting married is one of those events in a person's life that marks the beginning of one era at the end of another period.
Being in a new, unfamiliar place is not a comfortable feeling for you to have. I can remember what it was like when you Temporary Restraining Orders Used to Trick Spouses into Leaving the Marital Home I have represented multiple spouses who, after being served with divorce papers that included a TRO, thought they had to leave the marital home.
Changing the Locks on the Marital Home Another tactic I have seen used is changing the locks on the marital home and telling the spouse they are not allowed in the home. Consult 1 In the first consult, the wife had changed the locks and told him not come home. Given the sensitive nature of separation and divorce issues, it may be in your best interest to contact a local family law attorney for further advice on the laws regarding separation and evictions in your particular state.
Not only will your attorney be able to answer questions that are specific to your matter, but they can also assist you in filing for an eviction or emergency protection order depending on your situation. There are a few possible scenarios in which it may be possible for one spouse to evict the other spouse from the marital home.
These include the following:. Property will only be viewed as separate from marital property in a community state under certain conditions.
This will be contingent on a number of different variables and state laws. As for states that follow the common law standard, property that is acquired during the marriage may be considered separate property when certain factors are present, such as if only one spouse is listed on the deed to the marital home and the home was purchased with funds from an individual bank account.
One other detail to keep in mind about property distributions during a divorce is that all property will be divided among the parties at the time that the divorce is finalized, regardless of whether that property is labeled as separate or joint marital property. The court will review the list of properties and assets owned jointly or separately by the couple to determine how to equitably distribute them amongst the parties.
Some factors that a court may examine in order to ensure that the property and assets are divided fairly between the parties include:. Separation and divorce issues are primarily governed by individual state laws. Thus, while there are some general steps that a person can take to evict their spouse during a separation period, there may be either limited options available or extra steps that one can take depending on the laws of a particular state.
One common method that can be used to evict a spouse in many states is by filing a request for a temporary order to vacate the marital premises with the local family court.
Again, this option may only be available in certain states and each of those states may have its own guidelines, such as how long it might take for such an order to be ruled on or to go into effect. Another way that a person may be able to evict their spouse during a separation in some states e. However, this does not necessarily mean that the petitioning spouse will be allowed to occupy the marital home after the divorce.
Although an EPO is only intended to be a temporary protective measure for specific situations, it can serve as a powerful placeholder until a person can secure a more permanent legal solution from the court.
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Ruben Esq. Susan E. Turner Esq. Alyssa C. Schlafstein Esq. Emma K. Bungard Esq. Susan Land Esq. Corey I Ruben Esq. Lee Caplan Esq. Sarah Jacobs Esq. The best way to approach this problem is by using examples.? EXAMPLE 1: A wife calls my office and says that she longer wants her husband living in the home because he is physically and mentally abusive. When a house is titled in the names of both Wife and Husband, regardless of who is actually paying the mortgage or even if the mortgage is in both names, both parties have absolutely equal access to the home.
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