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Removing a Spouse from the Home During the Divorce Process

Removing a Spouse from the Home During the Divorce Process in Miami, Florida

Removing a Spouse from the Home During the Divorce Process

Divorce can be difficult. Perhaps one of the most challenging aspects of divorce is seeing your spouse in your home every day while the divorce proceedings are still ongoing. Sometimes the spouse will be willing to leave the marital home upon request. After all, the contact may be difficult for the both of you. However, if he/she is not willing to move out,  you may want to take steps to have your spouse removed from the marital home. Within the state of Florida, though, this can be a tricky process, but there are some instances where a judge can rule that a spouse must leave the marital home.

Domestic Violence

First and foremost, in the instance where domestic violence is occurring in the marital home, a judge can force the removal of the spouse from the marital home. In order to bring this about, the abused spouse must go to the judge and seek relief. Relatedly, the spouse can seek judicial relief and have the other spouse removed from the marital home if the other spouse has a restraining order placed against him or her. While it can seem like a daunting task, if you are the victim of domestic abuse, it is likely best to seek relief from the court by having your spouse removed while the divorce proceedings are ongoing.

Disturbing the Peace

If it can be proven that the spouse is disturbing the peace or disrupting the neighborhood, the judge can also grant temporary relief by having the spouse removed from the marital home. This, however, is not always a permanent removal. Regardless, just as in the previous case, the spouse must seek relief from the judge in order for this removal, temporary or not, to occur.


Finally, and perhaps understandably, the spouse can be removed from the marital home if he or she is evicted. In the case that a spouse is legally bound to leave the marital home in a manner unrelated to the divorce proceedings, the spouse is still required to leave. It is important to remember that even if the marital home is solely in your name and not your spouse’s, then you still must follow guidelines if you wish to have them removed.

Should I Stay….

As previously mentioned, spouses may sometimes choose to leave the home on their own accord. There are both positive and negative aspects to making this choice. However, it may cause complications in other areas, particularly if Child Custody is an issue in your divorce. Obviously, if there are children involved, leaving the home can be difficult for them and for the parents. If you and your spouse share your marital home with children, consider discussing the situation with both your spouse and your attorney. If you do not share your marital home with children, this is not an issue, but the cost of leaving may cause issues. Leaving the marital home and finding a new residence can prove costly to both parties. Consider your finances before leaving or asking your spouse to leave the marital home.

Or Should I Go?

On the other hand, remaining in or having your spouse remain in the marital home can also cause problems. Most notably, stress becomes a large problem if both spouses remain in the marital home during a divorce proceeding. Similarly, remaining in the home only postpones the separation for a short amount of time. If you are already committed to your divorce, it may be best if you or your spouse left the marital home to help expedite the emotional healing. Finally, if you and your spouse still share your marital home with your children, you should consider the impact of you (or your spouse) continuing to reside in the house on them. Is it a tense atmosphere in the home?  Furthermore, if you or your spouse chooses to leave the marital home of your own accord, there isn’t a chance of a charge of abandonment of spouse. Florida does not recognize spousal abandonment in divorce proceedings.

Divorce proceedings can be a long and arduous process, but it doesn’t always have to be. Speak with your attorney about the benefits of leaving your marital home or the possibility of having your spouse removed.