Would the spouse who serves/initiates divorce papers be required to leave premises if both do not want to be in the house together during the proceedings?

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Would the spouse who serves/initiates divorce papers be required to leave premises if both do not want to be in the house together during the proceedings?

Asked on June 27, 2012 under Family Law, Florida

Answers:

Howard Iken / Ayo and Iken PLC

Answered 10 years ago | Contributor

There is no set rule.  Until there is a court order neither spouse needs to leave the house.  Sometimes one spouse or the other will file a Motion for Temporary Relief, hold a hearing, and try to force the other spouse out.  But that is up to the judge.  Neither spouse gets preference - it depends on the facts.

 

Howard Iken

www.ForMyDivorce.com

 


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