At the time that you file for divorce, the judge in your case will issue a series of so-called automatic orders that are designed to maintain the financial status quo of your marriage.
Instead, you are expected to maintain the status quo of the marital residence and joint occupancy in it, until such time as the future status of the home is resolved.
The only exception is when there is domestic violence which will allow the court to issue you an order of exclusive occupancy as well as an order of protection.
There is a right time to leave, and in most cases, your spouse is as eager to get to that as you are.
When you have children or a financial stake in a property, there are also reasons they may want to stay.
An experienced Brooklyn divorce attorney can advise you on the best way forward in your divorce.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.