Matters can turn very ugly when a spouse tries to force the husband or wife to move out and that person refuses. It can also be difficult to keep a person out of the house after he or she leaves. A Family Attorney in Athens TN can represent clients on either side of this scenario, explaining what the relevant laws are and how best to manage the situation.
Forcing the Spouse to Move Out
If one spouse owned the home before the two were married and continues to retain sole ownership, it can be easier to force the other person to leave. If any abuse has occurred, the spouse who wants the separation can petition for an order of protection that will prohibit the other spouse from coming near the home.
Decades ago, a spouse could have the sheriff evict the other person, which usually was the husband, even if there was no abuse. The spouse refusing to leave voluntarily was able to make a point that he or she was being forced out. Today, a restraining order is required for this sort of action.
There are numerous considerations in this situation that will be addressed by a Family Attorney in Athens TN. For example, when a spouse does move out, the court may not require that person to contribute to the household expenses. When a spouse moves out voluntarily, usually that person is ordered to continue contributing. Being forced to leave the home makes this issue tricky.
A Contested Divorce
If the spouse who has been forced from the home refuses to cooperate with the divorce proceedings, this now becomes a contested divorce. The spouse who filed the paperwork can still end the marriage, but it will take longer and cost more.
Required paperwork in Tennessee includes the Marital Dissolution Agreement and the Permanent Parenting Plan if the couple has minor children. If the divorce is contested, the spouse filing the paperwork must request a Summons and Complaint for Divorce to be served on the husband or wife. A lawyer with a firm such as Chancey-Kanavos can manage all these details for the client.