Family Law Attorneys

Motion to Vacate the Marital Home

Motion to Vacate the Marital Home

Oftentimes, we have clients who have yet to separate from their spouse and the two continue to reside in the marital home together and sometimes with their children as well. This most certainly makes for an uncomfortable and possibly dangerous experience for everyone who is involved.

The court will step in if one of the parties’ files a motion to vacate. This suggests that the moving party wants and needs the other spouse to move out. The court is skeptical to grant these motions because someone is being kicked out therefore, a high standard must be met in order for the court to allow this. The court must find that there is a substantial likelihood of immediate danger to the moving party’s health, safety or welfare or to that of any minor children of the marriage who also live at home.

The parties will schedule a hearing and the court will likely want to hear from any witnesses who can attest to the fact that it has previously been a hostile living situation between the parties and to the likelihood that a dangerous situation will occur in the future. Speak to Attorney Nick Carbone today to meet and discuss your family law needs.