Can I Force My Ex to Leave the House During an Atlanta Divorce?

During a divorce, you might want some time alone. Perhaps you’re struggling with strong emotions, and the presence of your ex reminds you of everything that went wrong in your relationship. But what if your ex refuses to leave the family home? Is there any way you can force them to leave? How do you proceed with a divorce if your ex insists on staying in your residence? Can a divorce lawyer in Atlanta help?

Your Ex Doesn’t Need to Leave 

The unfortunate truth is that in Georgia, your ex is under no legal obligation to leave the family home during divorce. Georgia lacks a “separation period,” which means that you can proceed with your divorce even if you and your ex are still living under the same roof. The only requirement is that you cease all marital (intimate) relations during your divorce.

Consider Asking Your Ex to Leave 

If you really want to be alone in your family home, consider asking your ex to leave. Explain your feelings, and describe why it’s important for you to have some alone time during this difficult period. You might also negotiate some kind of deal where your ex agrees to leave in exchange for something else of value.

Avoid Forcing Your Ex to Leave 

If you attempt to take the law into your own hands and simply kick your ex out of the house, you could face serious consequences. For example, you might pack up your ex’s things, leave them outside, and then change the locks. Your ex would likely have the right to re-enter the home, and they might even be justified in calling the police. Always speak with a lawyer before you attempt any of these drastic moves.

Consider the Consequences of Leaving 

After reading this article, you might decide to be the “bigger person” and leave the home. If your ex is refusing to leave, this might seem like the only way to get some personal space. However, abandoning the family home could have serious consequences during divorce. If you leave your kids behind, this may lead to negative child custody results. It might also affect property division. If your ex remains at home and can’t cover the bills, you may be required to pay these costs temporarily out of your own pocket (likely while paying rent somewhere else).

This Is All Temporary 

With no separation period, you should be able to resolve your divorce relatively quickly. This is especially true if you choose mediation, collaborative law, or another alternative dispute resolution (ADR) strategy. Once property division is resolved, the fate of the family home should be clear. Your ex might have to move out after the divorce.

Can a Divorce Lawyer in Atlanta Help? 

A divorce lawyer in Atlanta may be able to help if you’re dealing with a stubborn spouse who refuses to leave your family home. In this situation, you might have a few legal options to consider. You might also take this opportunity to speak with your lawyer about your next steps during divorce. Contact Buckhead Family Law today to continue this conversation in more detail.

Sources: 

georgia.gov/file-divorce

georgiacourts.gov/a2j/self-help-resources/family-law/divorce-forms/