There Are Circumstances When You Can Get Your Spouse Out Of The House While A Divorce Is Pending, Says Media Divorce Lawyer
Media, PA – Many people going through a divorce ask a divorce lawyer in Media whether the other spouse can be required to leave the marital home before the divorce is finalized.
The exclusion of a spouse from the marital home during the pendency of a divorce proceeding is a harsh remedy that will not be awarded cavalierly. The need for such an award must be clearly evident from the facts of each case. Our courts still rely on a court case in the superior court from 1985, Laczkowski v. Laczkowski, 344 Pa. Super. 154, 496 A.2d 56 (1985).
The primary consideration is the welfare of the family going through a dissolution of marriage in deciding whether one spouse can be made to leave the marital home in Media. Divorce lawyers, our family courts routinely look at the divorce code, 23 Pa.C.S. 3502(c) in conjunction with 23 Pa.C.S. 3102, for guidance regarding exclusive possession of the marital home by one spouse going through a divorce.
Many factors need to be weighed and considered in deciding if a husband or a wife can require the other spouse to leave the home while a divorce is pending.
- Motivation grounded in vindication of private rights or the punishment of matrimonial wrongs will not be reasons why one spouse should be required to leave the marital home.
- Looking at how granting or denying exclusive possession would affect the minor children’s school/activities is very important. Consideration is given to the parent who is the primary caretaker of the children.
- When one spouse works from the home appropriate arrangements would need to be made.
- Use or abuse of alcohol or drugs could be an important factor in determining if a husband or wife should be required to leave the marital home before a divorce is granted. One would certainly consider the emotional impact that the alcohol or drug abuse has on the husband or wife who is not abusing alcohol or drugs.
- Sometimes physical or emotional abuse by either spouse could be important in determining whether a husband or a wife should be required to leave the marital home during a divorce proceeding.
- While the atmosphere of tension or conflict or discomfort in a household where a divorce is pending is not enough by itself, a deleterious atmosphere can be compounded with other reasons why a husband or a wife could be required to leave the marital home before a divorce is final.
- The ability for removed spouse to find alternate living arrangements (taking into consideration spousal support) can affect the outcome as to which spouse should remain in the marital home.
- It is often helpful to show whether the spouse to be excluded from the marital home has been living somewhere other than the marital residence or has the ability to move to another house while the divorce is pending.
- What might mitigate against exclusion of a husband or wife from the marital home would be when the spouses’ schedules have them spending time in the marital home at different times as opposed to when there are significant periods of time when both spouses are present in the marital residence.
If you would like to review your situation to determine the best course of action to separate your life from your divorcing spouse, think about these factors so a comprehensive analysis can be made. It is very important to know how the conduct of one spouse is affecting the other spouse and or the children, so consult a divorce lawyer in Media directly to discuss the needs of your specific case or visit online at www.vetranolaw.com.
