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Welcome everyone, I’m Dr. Michael Mantell with another Family Law Matters with Bonnie Rabinovitch Mantel, owner and managing partner of the Primus Family Law Group. Hi Bonnie. Hi Michael, how are you doing today? Doing well, how are you? I’m doing well.

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Good, so I wanna take a topic today that I think is a real hot topic because it’s so real. We see this happening. So it’s common.

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Couple file for divorce, they own the home, they each own their home. One day it erupts, the anger just erupts. You get out of here, he says to her or she says to him.

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Legally, how do they resolve that? Leave now. What do they do? Well Michael, there are two things. One, you both own the home, so you both have the equal right to stay.

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That’s just paramount. So if somebody were to call the cops and say, I want her out because we’re getting divorced, the police would say, no, you can’t do it. Gotta go to family court.

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So you can try to get an order for removal without, and I’m not gonna assume there’s any violence in this situation. It’s just two people who don’t get along anymore. And the other problem is, what if somebody wants to take that to that next step? Claim there is violence so that they can kick them out of the house.

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People play games, unfortunately, in family law. So my advice usually is, if you have somewhere else to go, go. Go.

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There’s no reason to risk a restraining order, especially if you have children, even if it’s a false restraining order. You just don’t need the added headache. If you don’t have anywhere else to go, then perhaps it’s time to hire an attorney so your attorney can negotiate maybe, I don’t know, splitting the house a little bit.

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Different rooms, share the kitchen, come in and out at different times. But there are ways that we can help people bridge this situation when one person says, get him. They can’t do that, really.

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And if people have this, this is real, this is a real situation. If people have questions about this, how can they be in touch to dig into this further? Well, they can reach us directly at 619-574-8000. And you will be put on mine or one of our skilled specialists calendar for a free 30 minute telephone or Zoom consultation.

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Or you can reach us online at www.PrimusFamilyLaw.com. And that will also provide you ways to reach out to us and get on our calendar.