Not all relationships end on an amicable note. Divorce becomes necessary in some cases where couples find that their differences are too great to fix. There are even some situations when one side of the relationship finds the presence of the other half to be unbearable. This begs the question: can a spouse force the other to leave the family home before the divorce? Is a divorce lawyer needed in order to do this?

Indeed, one spouse can force the other to leave the house before the divorce is settled.

Naturally, though, there are some factors that need to be taken into account in-court if this is the case.

Things to Consider in Divorce Cases Where Eviction is Desired

Proving that a spouse can be evicted from home due to certain circumstances is only the beginning of the process. The following factors also need to be considered.

  1. Who can get evicted?
    Not all spouses can be evicted from the family home. Those that can be evicted, however, include the following:
  • Spouses accused of abuse: If a spouse is accused of physically or emotionally abusing the other members of the household, then he or she is eligible for eviction. In these cases, having proof of abuse would be best, as evidence is required in order for the eviction to occur. Accounts from local law enforcement, for example, can be used as evidence.
  • Spouses who are not part of the home ownership: If the spouse is not part of the ownership of the house, then that spouse is also eligible for eviction. Take note that homes acquired after marriage is considered joint property. It does not apply, however, when the house is given as a gift or inheritance, or when the house was bought before marriage. Divorce attorneys can help you prove ownership.
  • The spouse that does not get the house after the court ruling: Divorce cases usually end with a redistribution of property. The spouse that does not get the house after this redistribution can be evicted if he or she stays in the property after the ruling.
  1. How the eviction process works

As implied earlier, the court is heavily involved with the eviction process.

  • Court order (for non-abusive spouses): You may need to get a court order if the divorce is underway and you want your spouse to leave the home. Take note that this is only needed if you are not accusing your spouse of abuse. Otherwise, a temporary restraining order is necessary.
  • A temporary restraining order (abusive spouses):  A TRO can be filed in cases of abuse. Local law enforcement can also file the more urgent emergency protective order for extreme cases, should they believe that the occupants of the home are in danger from the abusive party.
  • A motion of exclusive use: If you have a motion of exclusive use, then you can dictate who can stay in the home during the divorce case and who cannot.

Let an Experienced New Jersey Divorce Lawyer Help You

Divorce attorneys can help you with what aspects of family law can help your case to proceed smoothly. The Law Office of James C. Dezao, P.A. can help with your legal cases, no matter what aspect of family law it may be. Call us today at (973) 358-6134.