One of the most difficult topics to discuss in an Orange County divorce is moving out of the family home. Home is the place where you have your heart set, the place where your roots lay at. If you have kids, a home is where they were born and raised. With such importance attached to the house, no wonder it is one of the primary issues of discontent between divorcing spouses.
This situation can be solved in two way: either the spouses mutually agree on which one moves out and which one continues to stay or let the court decide the case.
Moving Out by Agreement and Divorce
Ideally, when a couple decides to part ways, the moving out of one of the spouses should be done with mutual consent and agreement. Typically for this to happen, the husband and the wife looking for an Orange County divorce will converse with one another and decide what is in the best interest of their child.
If such a mutual agreement is being drawn out between the two spouses in the course of their divorce, it needs to be detailed and should include the list of items the spouses moving out will take with them. Typically it is best that you involve an Orange County divorce lawyer in the drawing up of these agreements.
It is advised that the spouse that is moving out makes sure that at least temporary custody and visitation schedules/orders have been determined beforehand. If one of the spouse moves out of the house without being specific about the terms and custody and visitation could affect their child custody claims and separate property and community property accumulations.
Moving Out by Court Order and Divorce
Legally, the Orange County family law provisions and California laws have clearly laid out set of rules that tackle the subject of moving out and divorce through exclusion orders from the court. This is a complicated set of rules and procedures. The family law courts like to stay neutral in feuds between divorcing spouses and will only be able to kick a spouse out of the house if there are clear and permissible evidence of domestic abuse/violence.
The basis of the kicking out procedure and the exclusion clause is to protect the vulnerable spouse and the children if the marriage has any from a violent parent, i.e. domestic violence. But, the rules of the court dictate that for a spouse to be able to get an exclusion order produced against the other party on an emergency basis. They need to show the court the threat of an immediate harm. This rule is designed to act as a protection for spouses that are wrongfully accused of such actions and condemned from their own homes.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.