Legal Question in Family Law in Virginia

spouse will not leave marital property

i seperated from my spouse may 2007. spouse created hostile environment in the home for our two children age 10 and 13 the reason i left the home.(verbal and physical abuse)with the children. spouse and i went to mediation to establish custody, visitation and child support. i was given sole physical custody of the children. we discussed that he will leave the home and allow the children and i to return to the home. we both agreed we do not want to change the children's school. i live in the city and he live in the county. i am currently trying to find a place in the county for me and the children to live. can i petiiton the court to have my spouse removed from the home until the divorce is finalized.


Asked on 9/12/07, 9:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: spouse will not leave marital property

That issue of requiring your spouse to leave the marital home should've been decided in the mediation. However, if it cannot be settled through mediation, then, yes, you could petition the court for his removal, pending finalization of the divorce.

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Answered on 9/12/07, 11:35 pm


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