At the present time both of you have the right to live in the marital home. When and if a divorce petition is filed, the Court can decide whether one or the other of you can have exclusive possession of the home pending the final hearing on the divorce case. The Court could also make an order as to who pays the mortgage and other normal expenses pending the final hearing. The Court, depending on your financial circumstances, can also award 'family support' or temporary alimony pending the final hearing. If your spouse actually abuses you then you may file a petition with the Clerk of the Court for a domestic violence injunction in which proceeding the Court can order that you have exclusive possession of the home, but there has to be domestic violence to obtain such an order.
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