As a family law lawyer, I feel it best that the parties physically separate as soon as they can because it helps reduce the tension, it refocuses thinking, and really it facilitates the more efficient resolution of the divorce case. Surprisingly, though, in California, it is not that easy to get a spouse out of the family residence if that spouse is not willing to move out. Absent a case that has domestic violence elements to it, you can’t force the other spouse out of the house. It has to just be part of the negotiated process.
John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively.