Who receives the marriage residence in a divorce in Farmington? If the spouses can not agree on who is to use the marriage in the future, then for the duration of the separated life an allocation of the apartment by the court to one of them will only be considered if it avoids an " unreasonable hardship ". Because of the special protection of the marital home, the "intervention threshold" for the court is deliberately set high for the time of the separation. For the time after the divorce, the court regulates the circumstances at the (former) marriage residence at the request of one of the spouses. Smoak Law, P.C is a Farmington family law firm.
The decision is always based on "equity considerations", that is, the court takes into account, in particular, the whereabouts of underage children, who should not be torn from the usual living environment as possible, but also the distance from work, the circumstance who is the tenant of the apartment and the financial possibilities of the spouses. In certain case constellations, peculiarities are to be considered: If violence or threats of violence occur, the "Violence Protection Act" which came into force on 01.01.2002 intervenes. Get a Farmington divorce lawyer to help you.
Especially for the duration of the separated life and also and especially in the event that a side wants to bring about the separation first, the principle applies: "The victim remains, the perpetrator goes". Anyone who gets carried away by violence or appropriate threats must expect to be expelled from the marriage home. In urgent cases now even the police can pronounce a corresponding "apartment reference". Call Farmington family law firm Smoak Law, P.C. for your case.