Can You Legally Kick Out Your Spouse During a Divorce in California?

Table of Contents

• No-Fault Divorce in California
• Residence Rights During the Divorce Process
• Temporary Orders
• Restraining Orders
• FAQ

No-Fault Divorce in California

California is a new no-fault divorce state, which means that either spouse can file for divorce without having to prove that the other spouse did something wrong. This also means that the reason for the divorce typically does not affect issues like property division and spousal support. Therefore, based on this foundation, you technically cannot kick out your spouse during a divorce in California.

Residence Rights During the Divorce Process

Both spouses typically have an equal right to live in the marital residence, regardless of who owns the property or whose name is on the lease or mortgage. This means that you generally cannot unilaterally kick your spouse out of the marital home without a court order.

Temporary Orders

If one spouse believes that living together during the divorce is untenable or unsafe, they can request a court order for temporary exclusive possession of the marital home. However, they would need to provide evidence to support this request, and it would ultimately be up to the court to decide. In some cases, claims of domestic violence may lead to a request for exclusive use of the residence. Whether or not the request is granted depends on the context and the specific circumstances.

Restraining Orders

If there are issues of domestic violence or harassment, a spouse may seek a restraining order that can require their spouse to stay away from the marital home. It is important to note that sometimes people may falsely claim domestic violence incidents to obtain a restraining order. However, it is crucial to take domestic violence seriously and not downplay its reality. Restraining orders can be obtained through law enforcement agencies or by going to court. In some cases, a temporary restraining order may be issued initially to provide immediate protection, and then a regular restraining order can be obtained for a longer duration.

FAQ

Can I kick out my spouse during a divorce in California?

No, in a regular divorce, you cannot unilaterally kick out your spouse from the marital home. Both spouses typically have an equal right to live in the residence, regardless of ownership or whose name is on the lease or mortgage.

Can I request exclusive possession of the marital home during the divorce?

Yes, if you can provide evidence to support your claim that living together during the divorce is untenable or unsafe, you can request a court order for temporary exclusive possession of the marital home. However, it is ultimately up to the court to decide whether to grant this request.

What if there are issues of domestic violence or harassment?

If you are experiencing domestic violence or harassment, you can seek a restraining order that can require your spouse to stay away from the marital home. It is important to take domestic violence seriously and seek help from law enforcement agencies or the court system.

Can someone falsely claim domestic violence to obtain a restraining order?

While it is possible for someone to falsely claim domestic violence, it is crucial to remember that domestic violence is a serious issue that should never be taken lightly. False claims can undermine the experiences of genuine victims. The court system has processes in place to evaluate the validity of claims and ensure justice is served.

What should I do if I feel unsafe during a divorce?

If you feel unsafe during a divorce, it is important to prioritize your safety. Reach out to local authorities or support organizations specializing in domestic violence for assistance and guidance. They can provide resources and help you navigate the legal process.

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