I've received numerous e-mails asking me, whether the wife or husband should remain in the matrimonial home pending divorce proceeding. I decided to share with you here as to who remains in the matrimonial home.
There is no hard & fast rule. Many men have the wrong perceptions that they must leave, or that the court / law will require them to leave. The questions of who stays and who leaves, are determined by numerous factors, which I will discuss a few as follow:- 1. Domestic Violence The victim of domestic violence (not necessarily women) should make a police report and may be granted a Protection Order ("PO") to keep away the violent spouse from the victim and/or the children. As such they will be required to stay away from the matrimonial home.
2. Who is in better position to find a place to stay? Many women do not have any independent source of income, as they are mostly housewife or full-time mother. As such, they would not be able to afford a place to stay or the expenses of staying out. As such, the men, would be in the better position to afford himself a place to stay and the incidental expenses of staying outside i.e. utilities, groceries etc.
3. Children One of the vital factors is the children. The parent who takes care of the children, would be able to remain in the matrimonial home. This is because the welfare of the children would be the paramount consideration in divorce.
If both the husband and wife are able to stay in the matrimonial home peacefully during the divorce proceeding, then no one is required to move. However, after divorce, either one or both would have to vacate the matrimonial home.