347-990-3227 347-990-3227

Can Filing for Divorce Force My Husband to Move Out of the Home We Rent Together?

Can Filing for Divorce Force My Husband to Move Out of the Home We Rent Together?

DivorceQuestion:

I want a divorce and my husband doesn’t. He also doesn’t want to move out and can’t afford to. We have three children together. I don’t want him living in our home anymore through the divorce process. Will my filing require him to move out? Will I be able to file on my own or will I need an attorney to help?

Answer:

In New York, absent pendente lite relief from the court (temporary relief pending the divorce in which exclusive possession/occupancy of the marital residence is sought and granted by the court), the mere filing of a divorce summons and complaint does not obligate either party to vacate a marital residence.

 

This legal question was provided by Avvo and answered by Arnold Drucker an experienced Jackson Heights Divorce Lawyer.  This does not consent an attorney client relationship.