What happens in Arizona when my husband will not get out of the house, and I just filed for divorce?

Cindy Best

You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order.

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