Legal Question in Family Law in Arizona

divorce/ seperation

I want a divorce from my spouse and I would like them to move out. They refuse to move out but are willing to give the divorce. What are my rights when it comes to this living situation? She refuses to get a job, she has had an affair, and I have found drugs on her person. What can I do now?


Asked on 7/29/08, 6:57 pm

2 Answers from Attorneys
Lisa Sirard Law Office of Lisa Sirard

Re: divorce/ seperation

If you purchased the home during marriage then the property is legally each of yours and you can't legally make her move out. However, if you file for divorce, you can request a temporary orders hearing and request the judge to determine who should stay in the house until the divorce is finalized.

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Answered on 7/29/08, 7:46 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: divorce/ seperation

Thank you for your inquiry.

Ultimately, the court can decide which of you is awarded use of the property. Sometimes this decision can be made as a temporary order.

We offer a free initial consultation so please contact our office to schedule a time to meet with one of our attorneys regarding the details of your situation.

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Answered on 7/29/08, 8:04 pm


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