Can I make my spouse leave the marital home during a divorce?

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When facing a divorce, it is not uncommon to wonder if you have the authority to force your spouse out of your marital home. Continue reading to discover the logistics of this situation and the best way to approach it. If you require assistance with the divorce process, do not hesitate to reach out to our experienced divorce attorney who will walk you through the process step by step. Give our firm a call today to learn more about our services and how we can help.

Speak with an Attorney Before Making Major Changes

You are always free to leave the marital home, especially if you are the victim of physical abuse or verbal harm. If this is the case, you should call the police immediately for protection. However, if this is not the case, you may want to speak with your attorney before making major changes in your circumstances when facing a divorce. Leaving the home may have serious negative consequences to the outcome of your divorce, especially if you share children with your former spouse. If you are seeking custody of the children and you leave the marital home, leaving your children with your spouse, could create a financial burden for you and your spouse.

In the case that you are the victim of domestic violence, you may get an emergent order from a Municipal or Family Court judge to remove your spouse from the marital home. This will keep you and your children safe and a hearing will be scheduled within ten days. This hearing will determine whether there is enough evidence to keep your spouse from returning to the home on a permanent basis.

If you have enough evidence in this hearing, and the order is granted, your spouse will not be allowed to return to the home. They will only be able to return with a police escort to retrieve personal belongings.

If you are considering removing your spouse from the marital home, or if you are considering leaving the marital home yourself, it is essential that you reach out to an experienced divorce attorney who will walk you through this process. It is important to have legal advice regarding a situation as serious as this. Give our firm a call today to learn more about our service and how we can assist you. You do not need to go through this process alone.


Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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