A divorce can be a complex and emotional process. One of the challenges that can arise during a divorce is when one spouse refuses to move out of the shared home. 

A spouse refusing to move out during a divorce can be incredibly stressful if the couple has children. The situation can create a tense and uncomfortable living environment. In this situation, knowing your options and taking steps to protect yourself and your family is essential.

Why Do Spouses Refuse To Move Out During a Divorce?

There are several reasons why a spouse may refuse to move out during a divorce. 

Common reasons a spouse does not want to move out during divorce proceedings include:

  • They may feel a strong emotional attachment to the home and be unwilling to leave.
  • They may feel they have a right to remain in the home or believe they will be able to negotiate a better settlement if they stay.
  • They may feel that they have nowhere else to go or may not have the financial resources to move out.
  • They may be trying to punish their spouse or make the divorce process more difficult.
  • They may be trying to intimidate or control their spouse.
  • They may be trying to delay the divorce process or prevent it from happening.

If you are in this situation, you probably feel overwhelmed, frustrated, and hopeless. The good news is that you do have legal rights you can exercise. There are several options that you might take to get your spouse out of the house during a divorce.

Obtain a Restraining Order

One option is to seek a restraining order. A restraining order, also known as a protective order, is a legal order issued by a court that requires one person to stay away from another person. 

Suppose your spouse refuses to leave the home, and you feel threatened or unsafe. In that situation, you might be able to obtain a restraining order that requires your spouse to move out and stay a certain distance away from you. You will need to go to court and present evidence of the threat or abuse you are facing to get a restraining order.

File a Motion for Exclusive Use and Possession

Another option is to file for exclusive use and possession of the home. You can ask the court to order your spouse to move out and allow you to remain in the marital home. 

To be granted exclusive use and possession of the home, you will need to show that it is necessary for your safety or the safety of your children. However, proving your situation that justifies the court granting exclusive use and possession can be difficult. A Lawrenceville divorce lawyer can help you develop a strong case and present evidence of domestic violence or harassment by your spouse.

Find Temporary Housing for Yourself

If you cannot obtain a restraining order or exclusive use and possession of the home, consider finding temporary housing for yourself and your children. This option can be a challenging and expensive option. However, it might be necessary if you do not feel safe staying in the home with your spouse. 

You could try to find a friend or family member who is willing to let you stay with them. Another option would be renting an apartment or hotel room until your situation changes. 

Negotiate a Separation Agreement

Another option is to negotiate a separation agreement with your spouse. 

A separation agreement is a legal document that outlines the terms of the separation, including but not limited to the following:

You can negotiate a separation agreement with the help of an attorney or through mediation, or you can try to come to an agreement on your own.

Keep a Journal and Records of the Experience

If you decide to leave the home, it is essential to document the situation. Keep a record of any incidents of abuse or harassment, and take photos or videos if possible. This documentation can be helpful in court if you need to seek a restraining order or exclusive use and possession of the home.

In Georgia, the legal consequences of moving out during a divorce depend on the specific circumstances of the case.

If you and your spouse have children, the court will consider the best interests of the children when making decisions about who will stay in the home. The court may order one spouse to leave the home if it is deemed necessary for the safety or well-being of the children. 

On the other hand, if you and your spouse do not have children, the court may consider the length of the marriage, each spouse’s income and financial resources, and other relevant factors when determining who should remain in the home.

It is important to note that moving out of the shared home during a divorce does not necessarily mean you will lose your claim to the home or any other assets. 

Talk To a Lawrenceville Divorce Lawyer Before Making Decisions That Could Impact Your Future

It is important to remember that every divorce is different, and the best course of action depends on your specific situation. 

If you are facing a situation where your spouse refuses to move out of the shared home during a divorce, it is crucial to seek the advice of a qualified Lawrenceville divorce attorney who can help you understand your options and protect your rights. A lawyer can also help you negotiate a separation agreement or seek a court order to resolve disputes regarding the home or other assets.

In the meantime, remember to document any incidents of abuse or harassment and to prioritize your safety and the safety of your children.

To learn more and get the help you deserve, reach out to Crystal Wright Law‘s legal team and schedule your consultation today.

We serve all through Lawrenceville, Georgia in Gwinnett County and it’s surrounding areas. Visit our law firm today in:

Crystal Wright Law
440 S. Perry Street Suite 105,
Lawrenceville, GA 30046
(404) 594-2143