Answer: It depends.
People hate when lawyers give them that answer, but it's about the only single answer from a lawyer that applies to most legal questions. Why? Because what seems to you like a simple question, isn't and because every legal question depends on the facts beneath it, and those facts are always unique to each case. For an answer to your situation, call us today or visit our website: www.marylandfamilylawfirm.com.Let's unpack this commonly asked question (b.t.w. --- This is a multi-part post):
- My spouse wants a divorce;
- My spouse told me I have to leave the home. Do I have to leave the home?
- (This is often followed by: "He/she said he/she won't file for desertion if I do.")
Number 1:
"My spouse wants a divorce." What questions lurk behind this statement? To start with, why does your spouse want a divorce? If it's just because you don't get along, he/she can't make you leave. If it's because one of you committed adultery, he/she can't make you leave. If it's solely because he/she is an alcoholic/drug-addict, he/she can't make you leave (and you can't necessarily make him/her leave either).
You will want to talk to a lawyer to get an answer that applies to your situation, but if you have children, be especially careful. It isn't divorce or separation that hurts kids, it's being around or involved in conflict between parents.
If you stay, you will want to answer the question, "How will my staying affect the kids?" And if the answer is, badly, even then, you may not want to move out. But especially in this situation, you need to consult with a lawyer. But do that before you make the decision, not after you've moved out.
About the only situation where one spouse can force the other to leave the home is if there has been domestic violence. That's it.
That brings up even more questions, that will be addressed in the next post.
