Can I Move Back Into My House During Divorce After a Domestic Violence Claim? – ChooseGoldman.com

About Your Home and Divorce: When you are getting a divorce, especially if there are claims of abuse, where you live is a big deal. You might wonder if you can go back to your house. This guide will help you learn about your home rights and what the court might order.

Can You Live in Your House During Divorce After an Abuse Claim?

Who Can Stay in the House: Usually, both people in a marriage can live in the family home. This is true even when they are getting a divorce. A court must make a special rule to change this.

Court Rules are Key: If a court does not say otherwise, both people can stay. Even if you do not like the other person, you both have rights to the house. This can be hard, but it is the law.

• The court makes the rules.
• Without a rule, both can stay.
• It does not matter if you fight.

• A judge must decide.
• No court order means you both have rights.
• You might use different rooms in the house.

Example: Sarah and Mike are getting divorced. They argue a lot. Sarah wants Mike out of the house. But the court has not told Mike to leave. So, Mike can still live there. He stays in the basement, and Sarah stays upstairs.

How Do Abuse Claims Affect Who Stays in the House?

Legal Action Changes Things: If there is a court case about domestic abuse, things can change. A court can tell one person to stay away. This is called a no-contact order.

No-Contact Orders Explained: If a no-contact order is made against someone, that person must leave the house. This means the other person gets to stay there alone. This order comes from the legal system.

• Police might get involved.
• A court case about abuse starts.
• A judge can order someone to leave.

• The person ordered to leave must go.
• The other person gets the house alone.
• This is a big change from normal rules.

Example: After a bad event, police went to Lisa and John’s house. A domestic abuse case started against John. The court then made a no-contact order. John had to leave the house, and Lisa stayed there alone.

What if Police Were Not Called for Abuse?

Police Call Matters: If the police were not called, and there is no court case, the rules are different. Just saying there was abuse is not enough for the court to make someone leave. Both people can still live in the house.

Your Lawyer Can Help: If abuse is happening but the police were not called, your lawyer can still help. Your lawyer can ask the court to let you have the house alone. This is called a “petition for exclusive use.”

• No police call means no quick change.
• Both can still live in the house.
• It is just your word against theirs.

• Your lawyer can ask the court for help.
• You can ask to be the only one in the house.
• This is for your safety, like if you are getting hurt.

Example: Maria told her lawyer that her husband pushed her. But she did not call the police. Her lawyer told her that her husband could still stay in the house. Her lawyer then filed papers to ask the court for Maria to have the house alone. To learn more about getting help with family law, visit Michigan Divorce & Family Law Attorneys.

Will the Court Always Grant My Request for the House?

Court Decides Fairly: The court will look at many things when you ask for the house alone. They want to know if what you say is true. Your honesty is very important.

What the Court Looks At: The court also checks if both people were fighting each other. If both were abusive, the court might see it in a different way. Also, how old the claim is matters. A recent event has more weight than an old one.

• Is your story easy to believe?
• Did both people hit each other?
• Was the abuse new or from a long time ago?

• The court wants the real story.
• If both fought, it changes things.
• New events are more likely to be acted on.

Example: Tom told the court his wife hit him last week. This was a new event. The court took his request seriously. If he had said she hit him a year ago, and they kept living together, the court might not have given him the house alone.

What is a No-Contact Order?

Understanding the Order: A no-contact order is a paper from the court. It tells one person to stay away from another person. This often means staying away from the home, work, and other places.

Why This Order is Made: This order is made to keep people safe. If someone is a danger, the court can make this order. It is a very serious step in the law.

• It is a rule from the judge.
• It keeps one person safe from another.
• The person must not go near the other.

• It covers the home and other spots.
• It is often used in abuse cases.
• Breaking it can cause more problems.

Example: After a judge made a no-contact order, David was not allowed near his wife, Susan. He could not go to their home or her job. This order helped keep Susan safe from David. For more information on restraining orders, visit Restraining Order Attorneys in Michigan.

Can I Get a Fast Order to Have the House Alone?

Asking for a Quick Decision: Yes, you can ask the court for a fast decision. This is called a “temporary order.” It means you can get the house alone while the divorce is going on.

Why Temporary Orders are Given: You might get a temporary order if there is proof of abuse. The court wants to keep you safe. Your lawyer can help you ask for this.

• You can ask for the house quickly.
• This order does not last forever.
• It helps during the divorce time.

• Proof of abuse helps your case.
• Your safety is important to the court.
• Your lawyer files the request for you.

Example: Anna felt unsafe living with her husband during their divorce. Her lawyer showed the judge messages where her husband made threats. The judge then gave Anna a temporary order. This allowed her to stay in the house alone until the divorce was finished.

What if Both People Say the Other Abused Them?

When Both Claim Abuse: Sometimes, both people say the other one was abusive. This makes things harder for the court. The judge has to find out what truly happened.

Court’s Role in Double Claims: The court will look at all the facts. They will decide if one person is more believable. They may also see if it was a mutual fight where both were at fault.

• The court must figure out the truth.
• They look at who started the trouble.
• They look at any injuries on both sides.

• It can be hard to show who is right.
• The court might not give the house to anyone alone.
• The case might be viewed differently.

Example: John said his wife hit him. His wife, Mary, said John hit her first. The court looked at the police reports and injuries on both. Since it looked like both were fighting, the court did not give the house to either one right away. This can be complex, and you can learn more about how domestic violence claims impact custody by watching How Does Multiple Domestic Violence Accusations Impact Custody?

How Can a Lawyer Help in These Cases?

Lawyers Give Guidance: A good lawyer knows the rules about divorce and abuse. They can help you learn your rights. They can also help you ask the court for what you need.

Filing Papers and Speaking for You: Your lawyer can file the correct papers with the court. They can also speak for you in front of the judge. They will work to get the best result for you, especially if you need to be safe.

• Lawyers know what to do.
• They can tell you your rights.
• They handle all the papers.

• They speak for you in court.
• They work to keep you safe.
• They help with getting the house alone.

Example: Lisa was scared to go to court alone. Her lawyer explained each step and filed all the papers needed. The lawyer spoke to the judge for Lisa, making sure the judge knew her safety worries. This helped Lisa get the judge to think about her request for the house alone.

What if the Abuse Claims are Old?

Old Claims Less Strong: If the abuse happened a long time ago, it might be harder to use it to get the house alone. The court wants to know if the danger is still real. Living together after old abuse claims makes it harder to prove a present danger.

New Claims are More Powerful: A recent event of abuse will have more effect with the court. It shows a clear need for safety now. The court is more likely to act fast on new dangers.

• Past abuse might not be enough.
• The court looks at recent events.
• Living together weakens old claims.

• New abuse shows a current threat.
• The court takes recent events seriously.
• It is about your safety right now.

Example: Five years ago, Jim’s wife had pushed him. They stayed together after that. Now in their divorce, he wanted her out based on that old event. The court said it was too long ago and they lived together. If it had happened last month, the court might have acted differently. To learn more about domestic violence issues, watch What You [May Not Know About Domestic Violence] – ChooseGoldman.com.

Extra Insights

The Court’s Main Goal: The court always tries to do what is fair and safe for everyone. When it comes to your home during a divorce, especially with abuse claims, keeping you safe is the main point. The judge wants to make sure everyone is safe and has a place to live.

Getting Help is Important: If you are in danger, talk to a lawyer right away. They can help you understand your choices and take legal steps to keep you and your family safe. Your safety is very important during these times.

Frequently Asked Questions (FAQs)

What is a family home? The family home is the house where a husband and wife live together. Both people usually have rights to be there during a divorce.

Can I just make my spouse leave? No, you cannot just force your spouse to leave the house. You need a court order to make them go.

What does exclusive use mean? Exclusive use means only one person is allowed to live in the home. The court must make an order for this to happen.

How do I get a no-contact order? You get a no-contact order from a judge after a legal case about abuse. This order tells one person to stay away from another.

What if the police were not called? If the police were not called, it is harder to get a no-contact order. Your lawyer can still ask the court to give you the house alone.

Does shouting count as abuse? Shouting can be part of a bigger abuse problem. It depends on how bad and often it happens. A lawyer can tell you more.

How long does a fast order last? A fast order lasts until the court makes a final decision in the divorce case. It is not a forever solution.

What if both people are fighting? If both people are fighting each other, the court might see it as both being at fault. They might not give the house to either person alone.

Is an old abuse claim helpful? Old abuse claims are less helpful than new ones. The court cares more about if you are in danger right now.

Can a lawyer help me be safe? Yes, a lawyer can help you ask the court for orders to keep you safe. They know the steps to protect you.

What if I have no money for a lawyer? Many legal groups offer free help or ways to pay over time. It is good to ask about these choices.

What happens after a court order is made? After an order is made, both people must follow it. If the order is not followed, the police can be called.

Contact Us Today: If you have questions about your home during a divorce or abuse claims, we are here to help. Reach out to us for advice and support. You can call or text us at (248) 590-6600, schedule a free consultation, or visit Contested Divorce Attorneys in Michigan – ChooseGoldman.

Can I Move Back Into My House During Divorce After a Domestic Violence Claim? – ChooseGoldman.com
Learn about staying in your home during divorce with domestic violence claims. Get simple answers about court orders and your rights.
domestic violence, divorce, marital home, no contact order, Michigan family law