File for divorce who gets to stay in the house, if I file a restraining order on my other spouse?
3 attorney answers
You are referencing a restraining order which is different than a protective order. You would need to file and ask for a preliminary hearing and ask the court to address all of the issues you have raised in the preliminary hearing which should result in an order that addresses these issues until the case is final. Permanent maintenance is difficult to obtain and is very fact specific.
Once you file a divorce in Indiana, it cannot be finalized for a minimum of 60 days. However, you can request a provisional hearing whereby you can address temporary issues during the pendency of the divorce. Such temporary issues would be who gets temporary possession of the marital residence, temporary custody, parenting time and support for children of the marriage, who pays what bills, and temporary spousal maintenance. That would likely be the appropriate avenue in your case as it doesn't seem to fit the fact pattern for a restraining order. You can seek temporary and possibly long-term maintenance (spousal support), but an award of maintenance is very fact specific and so I would recommend contacting a local attorney to discuss that issue in greater depth.
he sleeps in another part of the house, and it sounds like you and he do not speak very much. It is unclear what would be the basis for the restraining order you say you intend to seek. Not wanting him there, on its own with nothing more, is not likely to get you a restraining order. He has as much right to the house as you do while the divorce moves forward.
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