If you and your spouse have initiated divorce proceedings, the last thing both of you want to have to go through is continued interaction with each other on a daily basis. It is possible to have your spouse move out during divorce from the family home in Oklahoma. However, they may be reluctant to leave.
Your spouse’s divorce attorney may advise your spouse not to leave because of possible consequences that result when one spouse leaves the marital home. One the other hand, your divorce attorney may advise you to ask your spouse to leave due to negative interactions with you and your children.
Here we’ll help illuminate the process of having your spouse move out during divorce, how to negotiate their departure, how to legally remove them, and what the judge considers when ordering one spouse to move out.
Initial Agreement
Some of the consequences of moving out of the family home during a divorce include receiving less custody time, the possibility of losing ownership of the family home, and lack of any control over the personal items or marital belongings inside the home.
A way to reassure your spouse that those results are not inevitable when you ask to have your spouse move out during divorce is to have your divorce attorney draft a settlement agreement only identifying the issues the other spouse is concerned about. For example, putting together a temporary custody arrangement can be very reassuring to the other spouse that the parent-child relationship is not negatively affected.
In addition, your divorce attorney can draft a partial settlement outlining items in the home and the spouse’s financial interest in the family home.
Exclusive Occupancy
Once your spouse officially vacates the home, your divorce attorney can file a motion for exclusive occupancy — also called “temporary possession” — of the home while the divorce is still pending.
One of the factors your divorce attorney will have to prove is that the other spouse’s presence in the home is disruptive, hostile, and causing extreme anguish for you and your children. This motion can be filed if your spouse refuses to leave, as well, and is causing physical or psychological damage to you or your children.
Restraining Order
Even though your spouse may have left, if you feel you or your children might be in danger, you should have your divorce attorney assist you in obtaining a temporary restraining order. A temporary restraining order does not require a lot of specific evidence. Thus, it lasts only until the restraining order hearing takes place.
A court tends to only grant a permanent restraining order if there has been physical violence in the past, and you and your divorce attorney can show evidence to that fact.
If you do not have a exclusive occupancy order, and the judge does not grant the permanent restraining order, then your spouse could return to your home in a matter of a few weeks. If domestic violence is occurring, you must speak about it with your divorce attorney immediately.
Considerations
When deciding whether to grant an exclusive occupancy order, the judge takes into consideration several factors:
- Financial resources available to both spouses.
- Whether either spouse has friends or family that are close by that the spouse could reside with.
- Which spouse is most likely going to be awarded primary custody of the children.
- Which spouse is the primary caretaker of the house.
Free Consultation with a Tulsa Divorce Attorney
A Tulsa divorce attorney can help if you are suffering harm as a result of your spouse continuing to live in the family home. Your divorce attorney will be able to present evidence and professionally emphasize the necessity for your spouse to move out.
Hiring a knowledgeable divorce attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a free confidential consultation, call now: 918-924-5526.
