In Rochester, legally, you can’t force your spouse out, so don’t call the locksmith to change the locks while they’re at work.
If you believe your safety is in jeopardy and the court agrees there is a threat of violence, the judge can remove your spouse, but that’s rare.
The best way to get your spouse out of your house is to negotiate a temporary agreement as quickly as possible.
It may be that your spouse is concerned that by leaving, they won’t get a full share in asset division, or that they don’t want to leave the children and worry about what it will look like to the judge if they seem willing to abandon the family.
The Rochester divorce attorneys at Friedman & Ranzenhofer can help you identify what is keeping your spouse in your home, and negotiate a temporary agreement on your behalf, that protects your interests.
Call us today at 585-484-7432 for a legal consultation.