Married couples often wait until the very last minute before divorcing. While this provides the hope of reconciliation, often this just isn’t the case. Instead, waiting this long muddies the waters of strife. When a married couple divorces, they sometimes don’t have the means or resources to move out into another property. This, unfortunately, leads to issues about who stays in the marital home. Fortunately, there are legal orders designed to remedy these problems. Here’s how to request temporary exclusive use of a marital home in your divorce.
Temporary Exclusive Use of a Marital Home
When a couple decides to end their marriage, determining who stays in the marital home can be tricky. In the State of New York, the family law court has the legal right to award one party sole-occupancy of a conjugal dwelling for their use, regardless of whose name is actually on the title to the property.
These exclusive-use orders are commonly used by the courts when one spouse is excluded, despite having a financial or legal interest in the property in question. Temporary exclusive-use orders, however, are not always applicable, as the petitioning party must have a legitimate and valid reason why the other spouse should be excluded from the property.
One commonly cited reason for a temporary exclusive-use order is domestic violence. In these cases, removing an abusing partner from the marital home is essential to protect the health and well-being of the accuser. In these instances, sufficient evidence is required. Such evidence may include:
- A detailed history of domestic violence
- A record of previous law enforcement involvement
- Third-party affidavits
- Previous protection orders
How to Request Temporary Exclusive Use of a Marital Home
For a temporary exclusive-use order to be successful, the claim made must be as specific as possible. Just stating you and your spouse argue is insufficient. Once you have filed your petition, the family courts will weigh the evidence to see if there is sufficient reason to grant a temporary exclusivity order. If there is not, the application is denied, or a hearing is scheduled to review the claims further.
The waiting period for a hearing is usually between one to two months, with a further 30 to 60 days after that for a decision to be reached. Because of this, many people need to seriously weigh the merits of seeking a temporary exclusivity order versus just finalizing the divorce.
Contact New York’s Most-Trusted Divorce Firm
If you are involved in a difficult divorce and believe a temporary exclusive-use order is the best resource for your situation, contact Brian D. Perskin and Associates today. We offer our clients and commitment to helping them achieve the best results possible. Our firm works diligently with all of our clients and provides a customized representation strategy to fit their needs. So if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin and Associates today at 212-355-0887 for your free consultation and learn why we’re New York’s premier divorce law firm.