Legal steps can be taken to separate from an unwilling spouse while protecting your rights

When dealing with a spouse who refuses to leave during divorce proceedings, several legal options are available to protect your interests. The first step is consulting with a family law attorney who can guide you through the proper legal channels.

  • File for an exclusive possession order of the matrimonial home
  • Seek interim custody arrangements if children are involved
  • Request a temporary restraining order if there are safety concerns
  • Consider alternative dispute resolution methods like mediation
  • Document all interactions and maintain detailed records

Remember that forcing a spouse to leave without a court order may be illegal. Working with legal professionals ensures your actions remain within Canadian family law while protecting your rights throughout the separation process.