Q: My wife wants a divorce and wants me to move out ASAP....how much time can I get legally to move out?
A: Assuming that you both are on the deed and no protective order is in place, this is usually agreed between the parties. A court will only become involved if domestic violence is involved or a protective order petition is filed.
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A: Just because a Colorado divorce case is filed does not mean that either party has to move out of the house. Most cases will take at least 30 days from filing before there is an initial status conference. At that conference a court is not likely to just order someone out unless there is domestic violence, child abuse, substance abuse, or things of that nature. The court will likely authorize a temporary orders hearing, which will likely take place 6 to 8 weeks later. The court, at that time, can decide the issue of temporary use of the home, as well as other issues. Thus you have time. Depending on the circumstances, the court might not make you leave at all while the case is pending.
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