When starting a divorce, what is the first step to remocve the other spouse from the home?

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When starting a divorce, what is the first step to remocve the other spouse from the home?

I want to divorce my husband but he will not leave on this own. What is the first step for me to take? I need to start immediately.

Asked on May 17, 2018 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final divorce decree that determines who has the exclusive right to occyupy the home, it remians the "joint marital residence"'. This is true no matter whose name is on the deed/lease. The exception to this rule is if a spouse has put the other spouse if fear for ther physcial safety, then in such a case a restraining or other similar protective order may be sought that would legally allow the offending spouse to be removed.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final divorce decree that determines who has the exclusive right to occyupy the home, it remians the "joint marital residence"'. This is true no matter whose name is on the deed/lease. The exception to this rule is if a spouse has put the other spouse if fear for ther physcial safety, then in such a case a restraining or other similar protective order may be sought that would legally allow the offending spouse to be removed.


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