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Who Stays At Home During The Divorce?

The family home is a valuable asset. As part of a divorce, it will be subject to division. Ultimately, it may go to one spouse or it may be sold and the proceeds will be divided. However, reaching that point takes time. Until then, there is a more pressing matter that will need to be addressed: who gets to stay in the home while the divorce is in progress?

This is where temporary orders come into play.

How Temporary Orders Work

After filing for divorce, you may then file a motion for temporary orders. Temporary orders, also referred to as interim orders, can determine who stays in the family home while the divorce is pending.

Temporary orders can also address other important issues, such as temporary parenting time, child support and spousal support. They can also be used to stop one spouse from selling assets (including the house) or spending money that will be subject to property division.

It is possible for both spouses to remain in the family home, if they are amicable and agree to do so. It is also possible for spouses to alternate time spent in the family home. However, temporary orders can state that one spouse will remain in the home for the duration of the divorce while the other must move out.

Temporary Orders Do Not Determine The Final Division Of Property

One thing that is important to know is that the final outcome in terms of property division is not dictated by temporary orders. The family home will still be subject to division in a fair and equitable manner. Just because one spouse moved out of the house during the divorce does not preclude that spouse from possibly getting the house as part of the divorce in order to move back in later.

While these orders are temporary, care should be used to pursue the arrangements that make the most sense for you and for the children.

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Scardina Law

Scardina Law
1245 E. Colfax Ave.
Suite 302
Denver, CO 80218

Phone: 303-502-5540
Fax: 303-845-5594
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