Do I Have to Move Out if I File for Divorce in CA?

Certified Specialist - Family Law

Do I Have to Move Out if I File for Divorce in CA?

If you are filing for a divorce, you do not necessarily have to move out at any point. You can complete the divorce process while remaining in your home. After property division is divided and divorce matters are decided, the court will be the one to decide who remains in the family home. Due to the emotional tensions that can be involved when filing for divorce, one spouse may want to move out. There are several factors that should go into this decision and it is advisable that you do not just offer to move out without temporary orders in place. When in the position of filing for divorce and determining if someone should move out, you need to consult with a divorce lawyer in California prior to taking action.

The situation will be different if your spouse has filed an order to show cause asking for possession of the residence. Some reasons that this might be granted, forcing you to move out, include:

  • Physical abuse has occurred to anyone in the household
  • There is a restraining order in place

It may be more beneficial for you and your spouse to discuss the best situation where you can live separate. Take into consideration who can keep up the home, who can afford to move out, who can take care of the children, etc. To make sure you do not jeopardize your case later on, discuss your situation with Attorney Mitzner at The Law Offices of Marc E. Mitzner today. Our firm has more than 2 decades of experience with divorce cases in Orange County and you can get started by scheduling a free case evaluation. Your evaluation will be with Attorney Mitzner and he can help walk you through the steps that you need to take.

Call us now at (714) 908-2373 for help.

Categories: Divorce
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