Divorce FAQs

How can I get my spouse to leave the house when a divorce is pending?

The court may award to the husband or the wife, the right to reside in the marital residence exclusive of the other spouse. A petition for exclusive possession of the marital home must be filed with the court after the divorce complaint has been filed. Our divorce attorneys will discuss your situation to advise you of the likelihood of having a judge order your spouse to leave the marital home while the divorce is pending.

Can I get a divorce so that I can re-marry before the property is divided ?

If both husband and wife agree that a divorce can be granted before the remaining property and alimony issues are resolved, they can ask the court to bifurcate the divorce, that is permit the divorce to be entered while the court retains jurisdiction to resolve the outstanding issues. If both parties don’t agree to bifurcate the divorce, the spouse seeking the divorce, for example because he or she wants to remarry, a petition can be filed with the court seeking a bifurcated divorce. Before bifurcating a divorce, by finalizing the divorce decree and reserving the property and alimony issues for resolution at a later date, you will need to discuss with divorce attorney, Kate Vetrano, the many protections that need to be put in place concerning life insurance, retirement benefits, and other economic interests.