Divorce proceedings often raise questions about living arrangements while the process is ongoing, particularly related to shared property such as a marital home. In New York, like in many other states, deciding who stays and who goes, both during and after a divorce proceeding, can be a complex issue influenced by several factors.
Legal Considerations in New York
In New York, when a couple decides to divorce, they can either resolve the terms of their divorce, including living arrangements and ownership of the marital residence, through an agreement, or they can go through litigation, where a judge will decide on these matters.
If a matter going through litigation is highly acrimonious, and the living situation is untenable, one party may seek to have the other move out during the process. Although this can be accomplished in some circumstances, that is not always the case. The stress of living together during the process is rarely sufficient to force one spouse out.
Exclusive Occupancy Orders
Obtaining an Order of Exclusive Occupancy is one way to force a spouse to move out during the pendency of a divorce proceeding. Such an order may be granted under certain specific circumstances, such as when it is unsafe for the parties to continue to reside together (severe conflict impacting children and domestic violence may be factors) or when one spouse has already vacated the marital residence but is threatening to return. The court will consider factors like the best interests of any children involved, the safety of all, the availability of alternative housing for the spouse being asked to leave, and the family’s financial circumstances.
Order of Protection
If there is a domestic abuse situation, the victim can also request an Order of Protection, which may include a provision directing the spouse who has been violent to vacate the marital residence.
With any divorce-related matters, you should always consult with an attorney.
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