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Who can remain in the family home after a divorce?

Many clients come into the office and they are still living with their spouse in the family home. The first question they ask is how they can get their spouse out of the home. This is not an easy question since the filing of the case does not automatically give you the right to kick your spouse out. The easiest way is to ask the spouse to move out. But this is easier said than done.

If you are a victim of any domestic abuse, physical/emotional, you can obtain a Protection Order that will result in your spouse being escorted out of the home once he is served. Especially if you have a history of abuse and fear your spouse, you are entitled to this Protection Order. This cannot be used as a tool to remove the spouse if there is no abuse.

You will have the opportunity to have a Temporary Orders hearing early in the case to request the court to give you exclusive use of the home. Until that time you may have to have both of you remain in the home. We usually attempt a mediation early in the case to attempt to resolve the issue by agreement.

Have more questions? Find out how a Denver divorce attorney at Sturniolo & Associates can help you! Our legal team is focused on representing your best interests. Call now!

Categories: Divorce, Property Division
Sturniolo & Associates - Denver Divorce Attorney
Located at 5353 W Dartmouth Ave #202 Denver, CO 80227. View Map
Phone: (303) 732-5010 | Local Phone: (303) 831-4400.
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