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.