One question that is frequently asked is whether someone can put his/her spouse out of the home without his/her consent. When spouses cannot get along and at least one party realizes that they are headed toward separation or divorce, this issue must be addressed sooner or later.
The answer is that until and unless the Family Court issues an Order stating otherwise, both spouses have equal rights to the residence.
While parties should never remain together when there is an abusive relationship or the environment is too emotionally volatile for the parties or their children, there are circumstances when it may be financially prudent to live together while proceeding with the divorce.
More often than not, when the Court grants one party exclusive use and occupancy, it will also order that party to be solely responsible for the expenses associated with their exclusive use and occupancy. Even with a child support or alimony order in place, clients often have insufficient funds to meet those expenses. Also, if the parties separate households, the family’s total net income will need to be divided to support those two households.
There are circumstances where the parties should not continue to live in the same household, and there are legal means to effectuate a physical separation of the parties.
If you have any questions about how you and your spouse should go about physically separating, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation to discuss options that will work best for your circumstances.