Key Takeaways
What Can I Do? I Need My Spouse to Leave the House
Understanding Your Options in Maryland Divorce Proceedings
With divorce proceedings in Maryland, the goal is for both parties to eventually move forward. During the process, you may still find yourself living with your soon-to-be-ex-spouse. It’s natural to feel the need for your spouse to move out of the marital home. However, Maryland courts typically intervene in such situations only if there is clear evidence of danger to you or your children.
Legal Avenues to Address Living Arrangements
In Maryland, there are specific legal measures you can take with the assistance of an experienced family law attorney to address your living situation:
Protective Orders
Protective orders are available to individuals experiencing any form of abuse, regardless of whether a divorce has been filed. This legal recourse offers immediate protection for you and your children if you are in danger of physical abuse. Under the Maryland Family Law Code, obtaining a protective order requires presenting evidence of abuse or threat to a judge, who can then order the abuser to leave the home among other protections.
Use and Possession Orders
In the context of a divorce, Maryland law allows for “use and possession” orders, which can grant temporary exclusive use of the family home to one spouse, particularly when minor children are involved. This order aims to minimize disruption to the children’s lives and provide stability until the divorce is finalized.
Temporary Evictions Under Divorce Proceedings
If there is clear evidence of danger—either physical or mental—toward you or your children, you can petition for a temporary eviction of your spouse under the ongoing divorce proceedings. This often involves demonstrating the necessity for your spouse’s removal from the home for the safety and well-being of the children and the less disruptive nature of such an arrangement compared to relocating the children and yourself.
Navigating Divorce with Caution and Care
Living with a soon-to-be-ex-spouse during a divorce can be emotionally challenging. The presence of a spouse in the home can exacerbate the difficulties of a dissolving marriage. It is essential to balance the emotional well-being of yourself and your children with the practicalities of your living situation. Before taking any drastic steps, consider the impact on your children’s relationship with both parents.
Always discuss the full scope of your options with your attorney, who can provide tailored advice and help you determine the most appropriate course of action for your circumstances. Prioritize safety, stability, and legal guidance to navigate through this challenging time effectively.
