Legal Question in Family Law in Arizona

Divorce

I have the Primary name on my home loan. My wife is feeling unhappy and miserable is wanting a divorce. My question is if and when she files do i have to leave the home and if i do when would i have to leave the home even though i am the primary owner. Or am i just as welcome there as her do I get to stay and enjoy my kids and my home. We are not on fighting terms...we dont argue and we are not abusive to one another. Is there a law that states that one has to leave the home after filing for divorce has been done. Or is that done while in court on the final date?


Asked on 7/08/08, 8:28 pm

1 Answer from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Divorce

No, neither of you are required to move out upon filing for divorce. You both have control over the decision making until you cannot reach an agreement. Therefore, if you both decide to reside together until one decides to move out or if one asks the court for exclusive use of the home, then neither of you have to move out.

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Answered on 7/09/08, 3:40 am


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