About the House…

If a divorce is imminent, it may be important from the start of the legal case as to which spouse is living in the home at the time. If you and your spouse cannot agree as to who is going to live in the home, at the first hearing in a divorce case in Summit County, the court will frequently maintain the status quo– thus, the spouse living in the house at the beginning of the divorce case will often be the one to continue living there until the case is concluded. There are a few exceptions. The court may change who may live in the house during the pending of the case if: (1) the absent spouse owned the house prior to the marriage, (2) if the spouse who is the primary caretaker of the children has moved out but now wants back in, and (3) the spouse living in the house presently cannot afford the expenses of the house even with child support and/or spousal support.

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