Can I make my husband move out after he's served divorce papers?

Asked about 3 years ago - Riverside, CA

My husband was just served divorce papers, and I am wondering if I can have him and his stuff removed from the house.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . You have to file an order to show cause (a legal motion with the court) in which you ask for possession of the residence during the course of the marital dissolution. You will need a good reason. A common reason accepted by the courts is that the spouse has physically abused you or your children. Your spouse must be served with the order to show cause, within the time frame specified by law and he has a chance to respond either in writing or verbally at the hearing. The court will not hear the matter unless you can prove he was properly served with your paperwork. The court will conduct a hearing at which the judge will either grant or deny your request.

    An order to show cause generally requires a declaration explaining the facts and why you should receive the relief you seek. It's tough to do by yourself. You may want to contact a lawyer in Riverside to help you. See if you can get fixed fee quote for the preparation of the paper work and the appearance on your behalf. That is probably the most economical approach.

  2. Answered . Not without (a) requesting and (b) receiving a court ORDER that he move out.

  3. Answered . As the first attorney above stated, you would need to convince the judge that there is a valid reason for your desire for your husband to move out.

    You would need to request and file an Order to Show Cause (OSC), with supporting declarations. If there is an exigency to the situation, you could consider filing it "ex parte," (emergency) or file a Temporary Restraining Order along with your OSC request.

    If you are unrepresented, my office gives free 30-minute consultations - 888.841.6041.

    Le, Clark & Ho, LLP 888.841.6041 --- The information presented here is general in nature and is not intended,... more

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