Legal Question in Family Law in Idaho
Who leaves the house in a divorce?
My husband will not willingly leave our house and definately will not leave without son if I ask him for a divorce. My question is: in a divorce who has to leave the home and who retains custody of the children until the court proceedings? Is this all done by preliminary court order and would the police have to be involved? Thanks
1 Answer from Attorneys
Re: Who leaves the house in a divorce?
Generally, you would have to file a petition for divorce and file a motion immediately to get back ito the house. Most women leave with the kids, then file a motion that the kids should be with you in the house and get a hearing for an order requiring your husband to get out of the house. You also file a motion for temporary child support to be paid until such time as a permanent order is entered.
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