How to Get Spouse to Move out During Divorce

How to Get Spouse to Move out During Divorce

September 2021

Welcome to the topic “How to Get Spouse to Move out During Divorce.”

Getting a divorce can be a challenging experience. This process can become more stressful if you’re living under the same roof as your spouse so, you’d want the person you’re divorcing to move out of the house. Unfortunately, compelling an unwilling spouse to cooperate can be a difficult task, especially if you both have your names on the lease. Even if you ask them to leave politely, they may put up a fight due to their emotional and financial ties with the house. Thus, it’s recommended to stop living together during your divorce since it can become problematic for both of you. Although, instead of physically forcing them to vacate the property, you should handle things legally by getting a court order.

Here’s how you can get your spouse to move out during a divorce:

Negotiate an Agreement

Asking your spouse to leave the residence can be a daunting task, especially if they’re stubborn or haven’t accepted the fact that the marriage is over. However, before pursuing any legal action, try talking to your spouse to reach a mutually beneficial agreement. If you’re unable to convince them on your own, you may need to consult with a divorce attorney to help you. With the assistance of a lawyer, you could either go for a settlement contract or file a lawsuit to make your partner leave the marital residence within a specific time frame.

In Case of Abuse or Domestic Violence

If your partner was abusive, you need to prove your case in court to grant a restraining order or terminal possession of the house. If your spouse commits domestic violence on you, which includes harassment as well as threats and assaults, the court can force your spouse to evict the premises if you seek a protective order. Since the court sides with the abused person, you can easily kick out your spouse by getting legal help.

Filing a Fault Divorce Action

If negotiations have failed, your attorney might advise you to file a fault divorce action. Unlike a claim for a simple divorce, divorce from Bed and Board is a strictly fault-based claim, in which you are required to prove that your spouse did something wrong. To file this claim against your partner, you need to provide a valid reason, whether you’re accusing them of abandonment, cruel treatment, or adultery. However, this divorce does not equate to an absolute divorce. Rather, you would only be legally separated from your spouse when the judge orders the at-fault party to leave the residence.


It’s important to consider that it might take a long time to get a hearing from the judge, and you will need to provide solid evidence to back up your allegations, making the whole process lengthy and time-consuming. So, it’s better if you two agree to terms that satisfy both of you since if you have children together, you need to think about them as well. Thus, having a discussion about leaving with your partner is recommended for an amicable and peaceful separation.

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Also Read: How to Ask for a Divorce Peacefully

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