What Do You Mean I Have to Stay in the Same House as My Spouse After I File for Divorce?

It can occasionally be a surprise to people filing for divorce that the court will not take any action to force one spouse out of the home during the divorce process. Generally, the courts leave living arrangements up to the spouses themselves to decide, unless there has been a history of domestic violence.

Obviously, this can make for some uncomfortable living arrangements. You can choose to leave and get an apartment if you wish, but if you have any desire to keep the family home in the divorce it is highly recommended you avoid doing so.

It may also simply be economically advantageous for couples to remain together in the same house as long as possible, as emotionally difficult as it might be.

With this in mind, here are a few tips to help you cohabitate even during your divorce process:

• Be respectful: This is important especially if you have children—you must remain positive examples of communication and respect. But even if you do not have any children in your home, it will behoove you both to respect each other and to be professional in your communication. This will also help you when you’re sitting around the table for mediation.
• Set financial ground rules: Whether you set these rules yourselves or through your attorneys, make sure you have ground rules for who is responsible for which bills, what kind of budget you should stay to and how you’ll handle all your day-to-day financial issues.
• Use written communication: If you find it difficult to hold verbal conversations with your spouse, you can stick to email or text. The same rule should apply—be as professional and respectful as possible.
• Take care of yourself: Find moments where you can indulge in some self-care, especially if it gets you out of the house and active.

For more tips about cohabitating with your spouse during your divorce, contact an experienced divorce attorney at Bryan L. Salamone & Associates.