Basic Facts And Procedural History Rebecca Green filed for divorce after 22 years of marriage on November 3, 2004. Seeking legal exclusive occupancy of the marital home will protect you and provide the physical separation you need. Create your signature and click Ok. Press Done. CONSULTANT may retain copies thereof for its files and internal use. One scenario is if there is domestic violence and is more short-term. Once the temporary order is in place, it is very challenging to get it changed, and the spouse who has applied for the order is likely to retain exclusive occupancy for the pendency of the divorce. 2d 1338 (Fla. 3d DCA 1986), the court reviewed the parties finances before awarding the wife exclusive possession of the former marital residence. Ms. Sabatini understands the anxiety and financial concerns which accompany divorce or other family law litigation. Cincinnati Family Law & Divorce Blog: What is a 2-2-3 and 2-2-5 parenting schedule, and which one is right for my family? The parties obtained a VA loan to purchase their home in Florida. His book The 1% Divorce - When Titans Clash was a 5-category Amazon bestseller. 3d 256 (Fla. 4th DCA 2010), went so far as to hold that a party is not required to specifically request exclusive use and possession of the marital home where such an award is deemed incident to child custody. Your attorney can file a motion for a pendente lite order asking that you be given exclusive occupancy of the home during the divorce case. If you are a victim of abuse or have reason to believe your spouse is likely to cause you imminent injury, get help. If the parties do not wish to sell the house, but cannot agree on who will stay in the house, one party may want to seek exclusive possession over the home for themselves and their children. If there are The Law Office of J. Douglas Barics has provided Long Island and New York City with innovative representation in divorce proceedings, foreclosure defense and appeals for over 25 years. (a) The court may award the exclusive use and occupancy of the marital home to a party. You should not act upon any such information without first seeking qualified professional counsel on you specific matter. In general, a spouse who is abused can file for a temporary order of protection, with a stay away order including exclusive occupancy of the home, in an ex parte proceeding. The above website and content is provided for general informational purposes only and shall not be used as a substitute for seeking advice from an experienced attorney. In New York family law cases such as divorce, legal separation, or annulment, the court has the authority to award one spouse exclusive occupancy of the marital home to be used for his or her sole use, regardless of whose name is on the title. In this article we explain how one spouse can obtain exclusive possession of the marital residence during a divorce in Illinois. Dror Bikel founded and leads Bikel Rosenthal & Schanfield, New Yorks best known firm for high-conflict matrimonial disputes. Here are some ideas and tips that can help you take that first step: Many people going through abuse, feel alone. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. Exclusive use and occupancy of the marital residence means that one spouse is legally granted the right to remain in the marital residence to the exclusion of the other. One reason a party may be granted exclusive rights to the marital home is to give that party a place safe from physical or emotional abuse.
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