– from Gary Y. in Wales, WI

Question Details:

I just served my spouse divorce papers. The relation is not the most amicable and I want to know if I can force him to leave the house. He does not want to leave, but I can not stand the situation currently. Is there anything special I need to make sure this happens? 

Family Law Attorney Response:

This is an unfortunate situation. The common legal way to force your spouse out of your home is to file an order to show cause. In this order you will be requesting for possession of the house during your dissolution of marriage.

To achieve this order your will need to have a good reason (frustration with the situation does not count). One of the most commonly accepted orders the court accepts is physical abuse to either you or children.

Once a good reason is established your spouse must be served with the order and they will have to find a new home. If it cannot be proven the spouse was properly served the court will not hear the matter. At which time it can be proven your spouse was properly served there will be a hearing where the judge will either grant or deny your request.

This is a tough process to complete successfully by yourself. It would be most efficient to contact a family law lawyer to help you with this matter. To keep costs down you can request a fixed fee quote for the paper work and court appearance. Please let us know if we can help you further with this matter.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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