A standard summons for a divorce action will not include instructions for your spouse to vacate your home.
If you have been living together and file for divorce, the decisions about who lives where and how the home is distributed (which may include selling it and splitting the profits) will be topics to be decided in the course of the divorce.
What Are The Exceptions For My Spouse To Vacate Home
The exception is in cases of violence in the home.
If your spouse is physically abusive to you, your children, or another household member, you can request an order of protection (commonly known as a restraining order) to remove your spouse from the home.
They will get their own day in court to refute the allegations, but as a short term measure, you must protect yourself and your children from violence.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you get an order of protection if needed, or hammer out the agreements that protect the assets you value most.
Contact An Experienced Divorce Summons Attorney In Queens
Call us today at 718-523-1111 to speak to an experienced Queens divorce attorney for free that can help you with any questions about the court summons.
