Unless there is family violence, no. You should request a temporary hearing on your assigned judge’s next available calendar. Until there is a Court order requiring either party to move, you both may be stuck living together until that time. I always request a temporary hearing at the time of filing the divorce in that depending on the assigned judge it may be weeks or months before you obtain a court date. The exception to this is if there is family violence. In that case, you may obtain a temporary protective order with the Court and your spouse may be removed from the home under those circumstances.
Serving clients in Marietta and the surrounding Atlanta area since 1972, Cauthorn Nohr & Owen has successfully handled thousands of divorce and family law cases. With over 70 combined years of practicing family law among them, Judge Tom Cauthorn, Lisa Owen, Bettina Davies, and Marijane Cauthorn offer the finest legal representation possible. They can be reached at (770) 528-0150 or thru email. View his firm’s Divorce Magazine profile.