Atlanta, GA asked in Divorce and Family Law for Georgia

Q: Does my spouse have to leave the home after the divorce is finalized.

I bought my home before I got married and now we're going through a divorce. Oddly, we still live in the same house while going through this.

She has stated several times that she isn't leaving g after the divorce is final.

My question is, when the divorce is final and the judge grants me my home, can I kick her out that day?

We've only been married for a year and we have now children together.

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: If the judge grants you the home, the judge will give her a deadline to leave.

1 user found this answer helpful

Alake Colwell Furlow
Alake Colwell Furlow
  • Dacula, GA
  • Licensed in Georgia

A: I think you would greatly benefit from hiring an attorney. It sounds like you have a contested divorce if your spouse is unwilling to even move out. And if you don't present your case properly, the Court could end up awarding her things you disagree with. But at your trial you should address your current residence and who will be awarded that residence on a permanent basis. If the Court awards the residence to you, they will give her a time to move and have all of her things out of the residence. They will also address anything she requests to take with her and who should be awarded those things. It is important to handle all matters at trial so that the Court can address everything in your final order. Because if the Court doesn't address something, then you won't be able to say definitively that it belongs to you upon final disposition of the case.

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