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What happens to the children when we are separated and awaiting our division of assets and our divorce?
Most likely the children will get to stay in the matrimonial home (if it has not been sold) with both parents unless one parent voluntarily chooses to move out, thus granting the other de facto exclusive possession, or the court orders interim or final exclusive possession.
Exclusive possession is not readily granted and it is not automatic. Usually both spouses will stay in the home until the resolution of their case after which they will sell the home, divide the proceeds and find alternative accommodations. However, in extreme cases, most typically cases of abuse or cruelty, the affected spouse will contact the police who will arrest the abusing spouse.
The result of such will either be:
- To serve him or her with a restraining order, or
- Impose a condition of bail stating that he or she cannot return to the home.
Therefore, in cases such as the aforementioned it will be unnecessary to bring a motion for exclusive possession as the police have already dealt with the issue and secured exclusive possession for the abused spouse.