My spouse won't leave?

Posted in Legal Questions - Juvenile Law

My spouse will not leave the marital home. How can I get my spouse to leave?

In the absence of domestic violence (where one party may obtain an Injunction for protection from domestic violence), or agreement of the parties that one party will leave the marital home, both parties have equal legal right to the marital residence and neither can be compelled to leave without agreement or order of the Court. In most instances, the Court will not entertain a motion to have one party leave the marital home until after the petition for dissolution has been filed and the parties have tried to resolve the matter through negotiation or mediation.

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