Legal Question in Family Law in Connecticut
Daughter filed for divorce. Papers served.Husband won't leave.
Is it true that he doesn't have to leave until divorce is final which
could take up to a year.
Or is this false info and there are legal means to make him leave
Re Stratford, Conn. 06614
2 Answers from Attorneys
She can file a motion for exclusive possession of the marital home. However, it is difficult to win a motion like this unless his behavior is negatively affecting the children, or the environment is unsafe, pending the divorce.
The short answer is that the information you received is not accurate. Your daughter may motion the court for exclusive use of the martial home. This is a motion that is filed with the court and then heard by a judge. Essentially your daughter would request that the husband vacate the residence. You need a sound basis in order to do so. If your daughter is represented by an attorney, she should consult that attorney. If not, then she should consult an attorney in order to guide her through the process as it is important to establish certain issues at the beginning of a divorce case. If you need additional assistance you can simply contact me at 203-969-6400. Good luck.