How to Get Your Ex to Move Out
Divorce changes everything in your life. Whether you are the one that wanted the divorce or you were the one that was served with divorce papers, big changes are coming. These can be difficult to handle for many people whether it’s from a financial or an emotional angle. One of the big issues that people face during a divorce or separation is a change in their living situations. Typically, one of the people in the relationship will be moving out of the family home. Who is it going to be? Who will keep the house, and it is feasible? What happens when you need your ex to move out?
What If You Shared the House During the Divorce?
Sometimes, financial situations could make it feel like it is difficult or impossible for the spouses to live in separate homes. However, this shouldn’t be a reason to continue having them in the space with you. After all, once the divorce is final, you will both need to be capable of having your own place to live. It might be better to rip that band-aid off now.
Additionally, trying to share a space with someone you are going to be divorcing can be terrible for a host of reasons. They might try to get back together with you if you were the one who wanted the divorce. This can make things difficult. They also might try to spy on you and use information against you in a divorce. Of course, there is also the tension and anxiety that you will feel being in the same home as a person you want to divorce, not to mention fights.
It’s better to have your ex get out of the house. There are plenty of ways that you can get this to happen. Let’s look at a few of them.
Convince Them to Move Out
Couples often separate without the intervention of the court. Talk with them about moving out. Most of the time, they will be agreeable because they don’t want to live with you either. However, there will be some that will not want to move out because they feel that they are invested in the family home and that they should be able to stay. They might request that you move out instead. In cases where there is contention with who moves out and who gets to stay, it might need to go to the court, as discussed in the section on temporary orders in family court below.
Get an Order of Protection
In some cases, you might qualify for an order of protection. If your spouse has committed any recent acts of domestic violence, then you may qualify to receive an order of protection. If you get one of these orders, which can be obtained through any courthouse in Arizona, it will restrict where your ex can be. They will be required to stay away from your home address. Failure to abide by the order can land them in serious trouble, and it could even get them time in jail depending on the circumstances. Often, they will be required to stay away from your work address, as well as away from the address of the school your children attend.
There is not a filing fee for an order of protection. However, you need to be very specific when you are filing. Include the dates and details of each incident. You might also want to include the domestic violence statute that your ex violated.
Getting a Temporary Order in Family Court
A third way that you can get your ex to move out of the house is to get a temporary order in family court. To obtain one of these orders, you or your spouse must have previously filed a petition for divorce in the family court. If you don’t have a pending petition, the judge cannot tell you who can or can’t stay in the house. If you have filed a petition, you can file a motion for temporary orders seeking exclusive use of the home.
You are required to provide a good reason for the judge to remove your spouse from the home. Otherwise, they may not allow this order to go through.
What If You Move Out?
Sometimes, dealing with an obstinate ex might not seem like it’s worth the hassle. If you do not have any intention of keeping and living in the family home after the divorce is final, you might want to consider moving out. If they don’t want to go, then it might be in your best interest to take the initiative and move out on your own. Of course, each case is different. You will likely want to speak with your attorney about your goals and the best course of action to follow for your case.
What If You Want to Keep the House?
Keep in mind that in Arizona, you will be splitting property equally. You could opt to try to buy them out of their half of the house. Of course, you need to be able to afford the house for this to happen. Otherwise, you will not be able to get a mortgage for the place since you will have to refinance in your own name. Whether you are keeping the house or not could affect the amount of spousal support that you receive.
Work with an Experienced Divorce Attorney
When you are going through a divorce, you have a lot on your plate. Even when it’s what might be considered a relatively simple case, there could be wrenches thrown into your plans. Because divorce is not easy and you might not have gone through it before, it can be frustrating and frightening. Naturally, you don’t want to tackle this area of the law on your own. Take the time to find a qualified family law attorney in your area that can help you with your case from start to finish.
