Who gets temporary possession of the house and when?
The Court cannot remove someone from their home until there has been a hearing. At the time of the filing of the Divorce Petition, it is very common to file a Motion for Temporary Allowances, asking for, among other things, temporary child custody, temporary support, and temporary possession of the family residence. It usually takes 10 days to 2 weeks to have this hearing scheduled, depending on the judge to which the case is assigned. At the hearing the Court will consider such issues as the best interests of the children, the cost, the difficulty of either party moving, whether or not both parties could remain in the home, etc.
