Yes, but removing your spouse is not as clear cut as you might hope.
First, if you are in danger and there is a history of domestic violence in your marriage, then we will ask the court for an emergency hearing in order to obtain an order of protection.
This is the only way to force your spouse from the home you’ve shared.
If you are not in danger, then the matter can be more drawn out. Often, a spouse is fearful that by moving out, they are forfeiting their stake in the home, or jeopardizing their plans to pursue custody of children.
As a first order of business, we’ll have to determine what is keeping your spouse in the home, then develop a temporary agreement that addresses those concerns and gives an opening for them to leave.
These are emotional matters for everyone involved, but we find that once there’s been a realistic conversation about the issues in play, spouses usually start looking around for an apartment and begin to accept what’s happening.
Call Zelenitz, Shapiro & D’Agostino today at 718-725-9601 and get help getting your home back.