When a divorce action is filed, do the spouses have to immediately separate?
There is no specific law that mandates a spouse to move out of the marital residence when the other spouse files for divorce. It is likely that the incomes of the spouse might not be enough to financially sustain two households immediately after the filing of a divorce. A spouse usually cannot leave and take the children without a parenting order which may take some time to resolve and will consider the best interests of the minor children.
There are many reasons why divorcing spouses might choose to remain in the marital home until sometime after the divorce is filed. However, some practical considerations exist and must be decided with the assistance of your attorney.
If you should have questions regarding this issue, please call the attorneys at Bailey & Gunderson Co., L.P.A. at 513-631-0022. We have offices in located in Norwood and Western Hills.
