Kicking your spouse out of the house

There are generally two legal devices to get your spouse out. First, and the most aggressive way is with an Order of Protection (OP). More about obtaining an OP tomorrow. Today I will touch on the second way, which is a motion for exclusive possession of the home. The general rule is that you can kick you spouse out with (1) a verified petition (meaning, you must sign and attest that the allegations are true in the motion), and (2) that the physical or mental well-being of either spouse or their children is jeopardized by the occupancy of the marital residence. Many cases have held that mere stress is not enough to kick out the spouse. So, the home environment must be bad, really bad.


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