How do we divide living arrangements while going thru divorce

I am angry and drinking heavily cause of our
marriage situation and living in separate room we
have kids and I had fight with my 22 year old son last
night verbal but wife trying to get restraining order
but I’m on mortgage so do I have to leave house?

Asked on September 3, 2017 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is admirable that you recognize that you are having issues and you are seeking help.  It is a step in the right direction. If your wife files for a temporary restraining order you will be forbidden from being in the house and there will be a hearing on its finality.  Being on the mortgage won't matter.  Perhaps it is time you leave voluntarily so that you can salvage your relationships, especially with your son. He should not be in the middle of anything. Good luck.

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