When going through a divorce in Wisconsin, one of the key considerations is deciding who gets to stay in the marital home. Many couples may desire their spouse to move out during the divorce proceedings, but the legal possibilities must be taken into account.
Understanding Separation and Divorce
Before delving into the question of forcing a spouse to move out, it is vital to comprehend the distinction between separation and divorce. In Wisconsin, separation refers to the situation where you and your spouse are still legally married but have chosen to live separately. On the other hand, divorce signifies the complete legal termination of the marriage.
The Role of Pendente Lite Orders
During the ongoing divorce proceedings, either spouse can request temporary orders from the court. These orders, referred to as pendente lite orders, address various issues, including who gets to reside in the marital home while the divorce is being finalized.
A pendente lite order grants the court the authority to require one spouse to vacate the marital home if it is determined that staying together would be detrimental to the well-being and health of the other spouse or the children involved. However, it is crucial to note that such an order is not automatically granted and necessitates judicial approval.
Exploring Legal Separation
In situations where you are not prepared to pursue a divorce but still desire your spouse to move out, the option of a legal separation is available. A legal separation in Wisconsin is similar to a divorce, with the significant difference being that it does not terminate the marriage. While spouses can still divide assets and establish custody arrangements, they remain legally married.
During a legal separation, the court maintains the power to issue pendente lite orders, which include determinations regarding who has the right to reside in the marital home. If exclusive use of the home is granted to you through the separation proceedings, your spouse will be compelled to relocate.
Ensuring Your Rights and Options
Forcing a spouse to move out during a divorce in Wisconsin is not a straightforward process. It necessitates judicial approval, either in the form of a pendente lite order or as part of a legal separation agreement. To navigate these intricate legal matters and safeguard your rights, it is crucial for divorcing couples in Wisconsin to seek guidance from an experienced family law attorney. By doing so, they can gain a thorough understanding of their available options and make informed decisions to protect their legal interests.