What do you do if your spouse refuses to move out?

What do you do if your spouse refuses to move out?

Legal Issues If you absolutely cannot wait for your spouse to leave and he or she refuses to, you have legal options, especially if your spouse is abusive. You can take your spouse to court and request a restraining order.

Can a spouse force another to move out?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

What happens if ex spouse violates divorce decree?

If your spouse fails to abide by the divorce decree after your divorce is final, you could wind up without your rightful properties, child support funds, or alimony payments. Not only is this inconvenient and frustrating, but it could lead to serious financial hardship or issues with your children.

Can my ex stop me from moving away?

Can he stop the move? Brette’s Answer: He can’t stop you from moving but he could seek to modify the visitation based on the change in circumstances – because it would be a longer drive. It would be up to the judge to decide.

What happens if my ex lied in court?

Lying under oath, or, perjury, is a federal crime. Although the civil court has limited power to punish your spouse for perjury, the judge can forward the case to the prosecutor for criminal enforcement. Punishment for committing perjury could result in probation, fines, or a prison sentence up to 5 years.

Can you sue someone for lying in Family Court?

When a parent lies in the courts, he or she can face certain action by the judge. However, it is still up to this court authority to take action against the individual. In these hearings, it is often not possible to take civil action and recover damages through a lawsuit until it has a foundation with other issues.

Can I sue my ex for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

Is lying to the court contempt?

Perjury is considered a crime against justice, since lying under oath compromises the authority of courts, grand juries, governing bodies, and public officials. Other crimes against justice include criminal contempt of court, probation violation, and tampering with evidence.