When a non-working spouse get served with a divorce, do they automatically become homeless?

UPDATED: Oct 2, 2022

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When a non-working spouse get served with a divorce, do they automatically become homeless?

I been married for 12 years and have anger issues stemming from desert storm,and currently re-filing and getting help currently but my wife decided that she wants out. All this came abruptly. So she threw me out into the streets after being together for 20 years. We have 2 daughters, 19, and 11. She wants full custody and to pay no alimony. Upon further investigation, it was found out and admitted to by my wife that she is having an

affair. What are my rights? They don’t want me there anymore. I feel so frustrated because I did everything prior to her admission to make things work.

Asked on October 19, 2019 under Family Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she has NO right to remove you from the marital home (the home you shared) until and unless a court tells you to leave (which if could if you have been violent or threatened violence and she gets a protective order) until the end of the divorce, when the court decides (or the former spouses agree) who gets the house or who will live where. Until there is a court order or a resolution to the divorce, while she could move out if she chose, she cannot make you leave. 
Contact a family law attorney. You can file a motion in the divorce case to get a court order requiring her to let you back in and to (if she, not you, is the working spouse) provide a minimum level of support pending the outcome of the divorce. And if she has been working and you have not been, you are most likely entitled to alimony, too, which the attorney can help you get.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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