In the time between filing a divorce and the decision of the divorce coming, the dealings in between spouses can tend to be ones that have an increasing level of discomfort and uneasiness between the spouses. A situation like that is particularly compounded when through the process of getting an Orange County divorce; the spouses live in the same house.
Thus there are often question asked in this regard by annoyed spouses who can no longer tolerate the presence of the other spouse. They ask whether they can kick their spouses out of the house. That is easier said than done, because in the absence of domestic violence, the court will generally not kick out the other spouse where the parties both own the home.
Here is a lowdown on the answer to that question in a bit more detail:
To be able to get a good measure of how this is possible, we need to take a look at what the law says in this regard. According to the California Family Code Section 6321, the court can issues and ex parte order that will allow them to exclude a party from a dwelling irrespective of who owns the property as long as the person who has care and custody of the child is being protected by this order.
For such an exclusion to happen though, the court needs to be shown either of the three things to make sure the other spouse is excluded. These three things are:
The availability of the process to kick the spouse out of the house is not only limited to emergency situations. In non-emergency situations, the process is similar to the one in emergency situations only that in normal situations a threat of violence, mental, physical, or emotional damage still needs to be proven to the judge.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
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