Georgia Divorce and Family Law Attorney
Some spouses don’t care that the marriage is over – they do not want to leave the marital home. The legal options you have depend on how the language of the divorce decree is drafted and whether or not the divorce is final.
If the divorce is not final, in most cases your spouse will have the legal right to stay in the marital home, unless the judge has ordered otherwise sometime during the process. In Georgia, legal title does not have much bearing and your spouse is likely legally allowed to remain in the marital residence in this instance even if your name is the only name on the deed.
The ownership and possession of the house should be decided during the divorce process. If you have been awarded the home, a carefully drafted divorce decree or settlement agreement will specifically give your ex-spouse a set period of time in which to vacate the house and take all of his or her possessions out. If that period of time has expired, you can call the police to remove him or her. Threatening that you will call the cops may also be enough of a motivator to get him or her out. You may also file a contempt action through the court to compel your ex-spouse to vacate the property. You may request that the judge force your ex to pay court costs and attorney fees since you were forced to go back to court because of his or her actions.
Unfortunately, many spouses like to punish each other during the divorce, and sometimes that is done through ignoring court orders and refusing to leave the marital home. If you and your spouse share the marital residence, you need an experienced divorce attorney to ensure the divorce decree is carefully drafted to protect your interests. Call Atlanta Divorce Attorney Shalamar Parham at 678-439-1482. She can help you with your divorce case. Call to see how she can help you.