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Home > Law & Legal Topics > Law Articles > Legal Blog > Article

Divorce: To Move Out or Not?

Several family law attorneys have recently issued blog posts which address whether divorcing spouses should move out of their marital home incident to a divorce.

The Kansas Family Law Blog’s excellent blog article gives three good reasons why spouses should not move out of their marital residence.

The South Carolina Family Law Blog’s recent blog article addresses whether divorcing spouses can keep each other out of the marital home. The post states that:

…until and unless the Family Court issues an Order stating otherwise, both spouses have equal rights to the residence. As such, each can try to put or keep the other out, typically by changing the locks and alarm codes. However, the displaced spouse can take any necessary steps to regain entry to the home, including “breaking in” if necessary. One cannot be criminally charged in South Carolina for breaking into his/her own home.

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