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Orders to Vacate the Marital Home

Orders to Vacate the Marital Home

In many divorce cases, when one party tells the other that the marriage has irretrievably broken down and there is no chance of reconciliation, the other party will voluntarily vacate the marital home.  Often the primary caretaker of the minor children remains in the marital home with the minor children, and the other party moves out voluntarily to establish a second household in contemplation of engaging in a parenting plan that is in the best interests of the minor children.  But what happens when the other party does not voluntarily vacate?  What recourse is available to the requesting party to ask a Judge to intervene and issue to the opposing party orders to vacate the marital home? 

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