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    Default Re: How Long Does it Take for a Court to Order a Spouse to Vacate the Marital Home

    Depending upon the facts, the court's order might take effect immediately, or such an order might not be issued until the end of the case. Even after a divorce, if the parties have decided to continue to live together, the court is not going to force one spouse out.

    If a spouse abandons the home, the remaining spouse may want to bring a motion for exclusive possession; if successful that would allow the spouse in possession to prevent the other spouse from moving back in without further order from the court.

    For cases in which domestic violence is an issue, even if the spouses are both living in the same, home, the spouse that was victimized may want to bring a motion for exclusive possession for safety reasons.

    When and whether a court will require a spouse to move out of the marital home before a divorce is final depends upon the facts of the case and, to some degree, the practices of the court. But keep in mind, until the divorce is final and the property is formally divided, the marital home is the home of both spouses and, absent a compelling reason, a court is likely to be reluctant to impose upon one the burden of moving out and finding a new home.

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