If a couple is no longer married, the wife may want her husband to leave the house. In the event of divorce due to irreconcilable differences, the couple may find it hard to sort out the lingering issues until they both get separated amicably.
There can be many reasons to ask your spouse to leave your house.
If you want to know how can I get my husband out of the house if he refuses to leave, we have got you covered.
It is important to note that until there is no written divorce agreement available, there are several advantages that may be stopping your spouse from leaving the house.
According to an aphorism ‘if you want to get the property – don’t leave it, or you want the custody of kids – don’t leave them’ otherwise, you may lose the chance to prove your spouse can’t hold the custody of your children. Similarly, if you leave the house, the move will weaken your custody claims against the property.
Therefore, both of you should be careful before asking your spouse to leave the house in the wake of divorce. The spouse who moves out of the house remains unable to claim children’s custody, or property, if there is any.
Typically, husbands are responsible to cater to the financial obligations, and it gets difficult for the unhappy wives to get them out of the house until they get a written custodial and support agreement from the family court.
To address the issue, the family attorney may advise the wife to compel her husband to leave.
In this article, we have mentioned some of the situations where the wife can ask her husband to leave the house in the event of divorce.
Prove domestic abuse
There are two main advantages you may get, if you file for divorce on the grounds that you were facing domestic abuse at the hands of your husband.
First, there isn’t any extraordinary threshold needed to prove domestic abuse. Second, the court takes prompt action to hear domestic abuse cases. The hearing can occur within 14 days of filing an abuse petition, and the case can be resolved within 24 hours, if the conditions are severe.
According to the S.C. Abusive Act, the domestic violence law can be taken into consideration to grant the possession of the marital house to the abused spouse. The family court would then need the evidence in the form of footage, or the recorded evidence, in case if the spouse is making false allegations.
Change the locks when the spouse is out
You can use this trick when the spouse goes out of the house. You can change the locks to stop your spouse from entering the house. This can be done only if you have a court order that prevents your husband from entering the house.
Other than the courts’ order, nothing can stop a spouse from breaking the window or the property to re-enter the house.
Usually, the police also counsel the shut-out spouse to break the hurdles and re-enter the house, or can also demand the other spouse to open up the gates before such actions could be taken.
Emphasis on the divorce cause
The US Supreme court has authorized the family court to take action against the physical attack or the adultery petitions that are submitted with the demands of divorce, where the couples are not separated while having divorce hearings. If the court finds prima facie showing the case has been made on false grounds, then the court has the right to order an at-fault spouse to remain out of the house.
Of course, it will be a good reason for you to keep your spouse out if the substantial evidence is there, showing adultery or physical cruelty.
Other than this, having extramarital affairs, drinking and abusing, or other hurting events can also be mentioned if the husband is ready to leave but actually has no intentions to leave.
Obtain a negotiated agreement
What happens if there’s no evidence of abuse, physical attack, or there exists no cause of divorce? Negotiations work best when couples decide to start their marriage dissolution process.
Sometimes by having consultations and knowing the consequences after the divorce – couples get to the agreement to sort out their differences through a written agreement about sharing household obligations, and children’s custody etc. The parties that still cohabit are compelled to think rationally after the negotiations about the parental and financial issues they would face after the separation.
Sometimes, just filing the divorce petition makes the abusive spouse realize the consequences in the aftermath of divorce.
In any situation, where the divorce is inevitable, or the couples are willing to get separated, it is always beneficial to get the separation agreement in writing first. In such cases it is also better to seek help from an experienced family law attorney who can guide you through the process.
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