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8 Jun. 2016

Does My Spouse Have to Move Out When I File for Divorce?

Posted By The Buncher Law Corporation

When it comes to divorce, many aspects of a person’s life can change drastically – including living arrangements. In fact, one of the most common concerns many people fail to consider prior to divorce is whether or not a spouse has to move out once one spouse has filed a petition.

In California, if a couple purchases a home together, the house is typically considered marital property. This means that neither spouse has the legal right to force the other to leave the home. However, there are certain exceptions to this rule. If one spouse can prove that the other spouse abused them, the victimized spouse may be able to take action in order to have the abusive spouse removed from the home. However, these types of cases can be highly complex and often require the help of an experienced divorce attorney.

Temporary Restraining Orders

According to Orange County Family Law Local Rule 704, a Temporary Restraining Order, which specifically prohibits one spouse from using the family home, cannot be granted on an “ex parte basis” unless there is evidence and declaration by witnesses that determine immediate and serious harm was caused to a spouse, necessitating immediate removal of the offending party from the house.

The declaration must at minimum include the following pieces of information:

  • Time;
  • Place;
  • The abusive act; and
  • The injuries suffered by the victimized party.

Why Is It Important to Retain Experienced Legal Advocacy?

No matter what the circumstances, divorce cases involve various factors that must be evaluated and assessed before, during, and after the process. Separating two lives that have been legally intertwined can come with a number of complications. For this reason, it is wise for those who are contemplating divorce to retain experienced legal representation as soon as possible. At The Buncher Law Corporation, our compassionate Orange County divorce lawyers understand the difficulties and hardships people face during the divorce process, which is why we are ready to put the full force of our experienced legal team to work for you. Over the years, we have acquired the skills and knowledge it takes to guide our clients through the legal process efficiently and effectively.

If you are considering divorce or are experiencing other family law matters, we encourage you to contact an Orange County family law attorney from our team as soon as possible. We can examine your situation and determine which strategies can best protect your future and those of your children. Because we are passionate about what we do, we are ready to stand by your side to help you obtain the most favorable outcome possible for your case.

To speak with a member of our team, contact The Buncher Law Corporation at (949) 536-7500, or fill out an online case evaluation form and we will be in touch with you shortly.

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