When I go to file for divorce from my spouse (we are legally separated now) since we reside in the same residence, does one of us have to move out before the divorce takes place?
Personal Injury Lawyer
No. As long as you can live peacefully together, there is no law that says one of you has to leave.
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Divorce / Separation Lawyer
No, neither of you will be required to leave, but in many cases it does make the dissolution process more painful and parties who reside together rarely seem to like it. That being said, you can't necessarily kick out the other person either-motions for exclusive use of the premises (pendente lite) are only granted in specific circumstances.
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I am an attorney licensed in Connecticut as well as New York. My offices are located in Stratford, CT. As my colleagues have already said, neither of you need vacate the property before filing for divorce. I would, however, advise you to consider a divorce mediation if you are in agreement on many of the issues. Mediation is often a tenth as expensive as divorce litigation and can be much healthier for future relations. Please feel free to contact us for further information.
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