Do I have to move out of my house when my wife files for a Divorce?
5 attorney answers
If she is verbalizing about a divorce, she has likely been mulling it over for some time.
It is not too early for you to engage the services of counsel.
As for the house, absent your own choice t leave, or a court order directing you to vacate, you do not have to move.
No you do not have to move. An experience family law attorney can guide you in the process and how the effect of moving out would affect your financial affidavit and equitable distribution. #servingtheone
My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.
No, you do not have to leave your house when she files for divorce. She would have to pursue a motion for exclusive use and possession of the home and prevail before you would be forced to leave. You should contact an experienced family law attorney to discuss your options.
No you do not have to move out of the marital home when your Wife files for divorce. If she wants you to leave the home, she will have to file a motion requesting that she have exclusive use and possession of the home. However a hearing will have to be held and you will be able to present testimony and evidence before a Judge makes a ruling on the issue. I would strongly suggest that you consult with and retain an experienced family law attorney in the Tampa area to assist you with this matter. I wish you the best of luck.
If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON THIS SITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.**
I agree with Mr. McGinn and Mr. McDonald. You should consult with a family law attorney near you to find out your rights. Most AVVO attorneys offer a free initial consultation. Call one of us today. Good luck.
B. Elaine Jones, Esq.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.