When it comes to divorce, many aspects of a person’s life can change drastically – including living arrangements. In fact, one of the most common concerns many people fail to consider prior to divorce is whether or not a spouse has to move out once a petition is filed.
In California, if a couple purchases a home together, it is typically considered marital property. This means that neither spouse has the legal right to force the other to leave the home. However, there can be an exception to this rule if one spouse can prove that the other spouse abused them. The victimized spouse can take action to have the abusive spouse removed from the home.
Temporary Restraining Orders
These types of cases can be highly complex and typically require the help of an experienced family law attorney and at times a Temporary Restraining Order, also known as a TRO.
According to Orange County Family Law Local Rule 704, a TRO, which specifically prohibits one spouse from using the family home, cannot be granted on an “ex parte basis” unless there is evidence and declaration by witnesses that determine immediate and serious harm can be caused to a spouse requiring immediate removal of the offending party from the home.
A TRO necessitates inclusion of the time, the place, the abusive act, and any information available about injuries suffered by the victimized party.
Why is It Important to Retain Experienced Legal Advocacy?
No matter what the circumstances, divorce cases involve various factors that must be evaluated and assessed before, during, and after the process. Separating two lives that have been legally intertwined can come with a number of complications. For this reason it is wise for those who are contemplating divorce to retain experienced legal representation as soon as possible. At Buncher Family Law we understand the difficulties and hardships people face during the dissolution process. Over the years, we have acquired the skills and knowledge it takes to guide our clients through the legal process efficiently and effectively.
If you are considering divorce or are experiencing other family law matters, we encourage you to contact an Orange County family law attorney from our team as soon as possible. We can examine your situation and determine which strategies can best protect your future and those of your children. Because we are passionate about what we do, we are ready to stand by your side to help you obtain the most favorable outcome possible for your case.