More than you might imagine, after the divorce has been filed, you may find yourself living in the same house with your spouse. Often this is because it is cheaper to share expenses. Some divorcing couples are able to manage things month after month until the divorce is resolved. But sometimes parties are not able to work things out and something need to be done.
One obvious way the parties will separate is due to a crime having been committed, and in this context, the crime is usually domestic battery. Your spouse will be ordered to stay away from you and your residence as a condition of bond, and if your spouse pleads guilty or is convicted after a trial, he or she can be ordered to continue to stay away from you and your residence after being convicted.
Another way that your spouse can be ordered out of the marital residence is if an order of protection is entered, and there are various ways that an order of protection can be entered, even if no battery has been committed, such as if there has been harassment.
But if your spouse has not been charged with a crime and if there is not a basis for an order of protection, there is one more option.
A party in a divorce case can petition for exclusive possession of the marital residence. However, this may only be granted in cases where the physical or mental well-being of either spouse or his or her children is jeopardized by occupancy of the marital residence by both spouses. So if you are merely not getting along, no crime has been committed, and there is no basis for an order of protection, you might not have any remedy other than enduring the bickering or packing your bags, but if your spouse’s conduct is such that it rises to the level of jeopardizing your physical or mental well-being or the well-being of the children, then there is a way to have your spouse directed to live elsewhere while you are moving forward with the divorce proceedings.