Do I Have to Move Out After Getting Divorce Papers?

If you are facing a divorce, speak with an attorney at Plog & Stein today. You do not have to go through this alone Contact Us

If I’m served divorce papers in Colorado, do I have to move out of the house?

Short answer is no. Just because you are served with divorce papers does not mean you have to move out of the marital home.

The filing of a divorce is nothing more than getting the case officially started and service is nothing more than obtaining personal jurisdiction over the other party.

The only way you would be forced to move out of the house would be if there were court orders requiring you to do so. Orders do not enter just because the case if filed.

Questions about your divorce and remaining in your home? Speak with an attorney at Plog & Stein today: (303) 781-0322.

Table of Contents

1. Temporary Use of Marital Home
2. Allegations of Domestic Violence or Harassment
3. When to Remain in the Marital Home During a Divorce
4. Get in Contact With a Denver Divorce Lawyer Today
5. Frequently Asked Questions About Moving Out During a Divorce
   1. Can my spouse legally force me to leave the house?
   2. How can moving out of the home affect child custody?
   3. What if living together during divorce is no longer safe or practical?
   4. Should I move out before talking to a divorce attorney?

Temporary Use of Marital Home

Though you do not have to immediately move out of the house, a court could enter temporary orders regarding temporary use of the marital home. This would generally occur after a temporary orders hearing is held. Temporary orders are generally set to occur within a few weeks of your mandatory initial status conference.

In some cases on spouse might ask for temporary use of the marital home. This type of request is often made if there is arguing or extreme tension between the parties, or perhaps spilling over in front of the children.

Again, any order to vacate would generally be weeks after filing and service. The court awarding temporary use of the martial home to one party, at the exclusion of the other, has nothing to do with final allocation of the home or division of the equity. Those issues will be dealt with at the final permanent orders hearing.

Allegations of Domestic Violence or Harassment

The other instance in which you might be required to vacate the marital upon service of a divorce would be if you were simultaneously serviced with a restraining order. When there are allegations of domestic violence, threats, or harassment, one party might seek a protection order at the outset of a divorce case.

When this occurs, there will generally be a hearing, on the merits, to determine whether the protection order will be made permanent. The hearing must occur within two weeks of the restraining order is dismissed you should be allowed back in the home, though should be extremely cautious to prevent future allegations.

When to Remain in the Marital Home During a Divorce

Our Denver family law lawyers generally advise clients to remain in the marital home as long as they can, particularly if there are children. There are, of course exceptions, such as when there are legitimate safety concerns due to the behavior of the other party. Safety always supersedes strategy.

With kids involved, leaving the home could mean that one parent is at the mercy of the other to see the kids until temporary orders are established. Leaving the home absent agreements as to furnishings or household items could leave a spouse in the position of having to trust that the other will not dispose of or damage items.

There is also an added expense to the family if one party moves to an apartment, take into account moving costs and rent when considering a move during a divorce.

Finally, though the lay adage, “possession is 9/10 of the law” does not really apply. Sometimes being out of the house for months or more while your case progresses could give the other party the upper hand should there be a battle over who ultimately keeps the home. Those battles are rare.

Get in Contact With a Denver Divorce Lawyer Today

When you are served with a divorce petition it’s important to contact an experienced divorce attorney in Denver to understand your rights and options before making any uninformed decisions which could impact your case down the road.

We also service the Greenwood Village, Highlands Ranch, Aurora, Castle Rock, Centennial, Littleton, Lakewood, Parker, Arvada, Brighton, Westminster, Englewood, Lone Tree, Golden, Cherry Creek areas.

Frequently Asked Questions About Moving Out During a Divorce

1. Can my spouse legally force me to leave the house?

Not without a court order. In Colorado, you cannot be forcibly removed from your marital home unless a judge authorizes it — for example, through a temporary possession order or if there are domestic violence allegations leading to a protective order. If your spouse tries to lock you out or remove your belongings without legal authority, that could be a violation of your rights.

2. How can moving out of the home affect child custody?

Moving out before custody arrangements are finalized can impact your case. If the children stay with the other parent, the court may see them as the primary caregiver, which can influence temporary or even long-term custody decisions. Staying involved in your children’s daily routines and maintaining regular contact is essential if you decide to live elsewhere.

3. What if living together during divorce is no longer safe or practical?

If living together creates tension, conflict, or safety concerns, you can ask the court for a temporary orders hearing to request exclusive use of the home. This allows one spouse to remain in the residence while the divorce is pending. In cases involving domestic violence, a protective order can also require the other party to move out immediately.

4. Should I move out before talking to a divorce attorney?

It’s best to consult with an experienced family law attorney before making that decision. Moving out can have unintended legal and financial consequences — especially when it comes to custody, possession of property, or temporary support. An attorney can help you weigh your options and protect your rights before you make any big moves.