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In general, divorce laws do not require either spouse to move out of the shared residence. The exception to the law, of course, is if one spouse files a temporary restraining order against the other spouse. In such a case, one of the two spouses will be legally prohibited from staying in the home.
If both spouses decide to remain in the home, various problems can arise. Obviously, separation and divorce is a time of significant stress and friction, and both spouses staying in the home may only exacerbate issues. Physical confrontations and constant arguing are both potential problems that may arise out of living together after separation. Still, this does not necessarily have to be the case. Some couples are able to make an amicable split, making a shared living arrangement more tolerable.
In cases where there are children involved, the situation becomes more complicated. A parent who voluntarily moves out of the family residence and leaves the children with the other parent may be regarded negatively by the court. The judge may conclude that the spouse who left is unconcerned or the other parent is more capable. As a general rule, no parent should leave the family home without a justifiable reason.
If you are going through a legal separation or divorce and child custody is at issue, it is wise to speak with a qualified family law attorney who can help you plan a course of action and ensure your legal rights are protected.
For more information about divorce resources or to locate an experienced divorce attorney near you, please contact us today.