This is one of the trickier situations in a divorce. Obviously, you’re not getting along well with your soon-to-be ex-spouse, thus the desire to get a divorce in the first place. If things are especially bad, the temptation might be great to force your spouse to leave the family home as the divorce proceedings get underway. Normally, however, this is difficult, if not impossible to do.

The reason is that until a judgment is made concerning the division of property, your spouse has just as much claim to the family home as you do. It would be considered preferential to award one spouse the temporary right to the domicile, while denying the other.

There is one very specific instance in which this may be possible. If you have suffered from spousal abuse, have documented that abuse, and, even better, have placed a restraining order, you stand an excellent chance of having your spouse removed from the home. In all other cases, however, it is an uphill battle, at best.

Most of the time, there are really only two avenues you can pursue. You can ride it out and remain under the same roof until the divorce is final and the marital property is divided, or you can temporarily move out yourself. If you go this route and opt to move out, in the overwhelming majority of cases, it will not negatively impact your ability to gain sole control of the family home when the marital property is divided. In this situation, you’ll want to double check with an experienced divorce attorney. There may be mitigating circumstances in your particular case which would prompt your attorney to recommend that you remain in place.

Divorce is messy. It’s unpleasant, to say the least, and it can be made even more unpleasant if you’re forced to live under the same roof while the proceedings play out. Just know that it’s a temporary condition, and that the storm will pass.