Where Do I Live During Divorce?

 Posted on October 30, 2025 in Divorce

One of the first and most stressful questions people ask after being served with divorce papers is where they are supposed to live while the process unfolds. Can you stay in your home? Should you move out? What happens if you want your spouse to move out, but they refuse to leave? These are personal and emotional questions, but they also have serious legal consequences.

In Michigan, decisions about living arrangements during a divorce depend on many factors. Courts often handle these issues with temporary orders meant to maintain fairness, protect children, and prevent further conflict while the case moves forward.

At our firm, our Northville, MI divorce attorneys have more than 20 years of experience helping clients get through these tough transitions. We offer free consultations and have earned a reputation as one of the top-rated family law practices in the area.

Can I Stay in My House During Divorce?

In most cases, both spouses have a legal right to stay in the marital home during a divorce until the court says otherwise. Michigan is an equitable distribution state, meaning that property is divided fairly when the divorce is finalized. Until that point, the house is usually considered marital property, even if it is only in one spouse’s name.

That said, living together during a divorce can be extremely difficult. Emotions are high, communication is tense, and children may feel caught in the middle. If safety is a concern — for example, if there has been domestic violence or harassment — the court can issue a no-contact order or exclusive occupancy order. This requires one spouse to move out temporarily.

If neither spouse is ordered to leave, you may choose to move out voluntarily. However, this should be discussed carefully with your attorney first, especially if you have children. Moving out without a temporary custody agreement in place could be used against you later in court if your spouse argues that you abandoned the family home or violated their parental rights.

What If My Spouse Refuses to Leave During Divorce?

If you are both on the deed or lease, neither of you can force the other to move out without a court order. This situation can be tense, but the law views both of you as having equal rights to occupy the home.

Judges will only issue these orders when there is evidence that continuing to live together would be a serious problem. If you believe your safety or your children’s safety is at risk, talk to your lawyer immediately to seek court protection.

What If I Move Out Before the Divorce Is Final?

Moving out can bring a huge relief, but it also comes with some important things to think about. If you leave the home, you will still be responsible for your share of the mortgage, rent, or utilities until the court divides financial obligations. The court may issue temporary financial orders that will say who pays for what during the divorce process.

If you have children, you should never move out without a temporary parenting time and custody order. Michigan courts make custody decisions based on the best interests of the child as defined by MCL 722.23.

Judges value stability for children, so abruptly leaving the home without clear arrangements could hurt your custody position later. Your attorney can help you file a motion for temporary custody and parenting time so that your rights are clearly defined.

Where Do I Go If I Can’t Live in My Home During Divorce?

If remaining in the home is not possible, you have several options. Some spouses temporarily move in with family or friends. Others rent an apartment or stay in short-term housing until the divorce is finalized. If financial constraints make that difficult, your attorney can help you ask for temporary spousal support to help cover living expenses.

How Does Child Custody Work While the Divorce Is Pending?

While the divorce is ongoing, the court can issue temporary custody orders that set parenting schedules and decision-making responsibilities. Typically, parents share joint legal custody, meaning they both have input on major decisions. Physical custody — where the child lives — may be shared or primarily assigned to one parent.

Once the divorce is finalized, temporary custody orders can become permanent, or they can be adjusted if circumstances change. It is important to follow these orders because anything seen as a violation can hurt your credibility and affect the final custody ruling.

Will the Court Issue Temporary Financial Orders?

During the divorce, both spouses keep paying household bills, caring for children, and managing daily expenses. Michigan courts recognize this and can issue temporary financial orders to prevent either spouse from suffering too much financial hardship. These orders may cover:

• Temporary spousal support (alimony)

• Child support

• Responsibility for mortgage or rent payments

• Utility bills, insurance, and other shared expenses

These financial arrangements stay in place until the divorce is finalized or modified by the judge.

Who Lives in the House Once the Divorce Is Finalized?

After the divorce is complete, the final judgment will specify who keeps the marital home, who must move out, and how other assets are divided. If one spouse receives the house, the other may be entitled to compensation for his or her share of the equity. In some cases, the court orders the home to be sold and the proceeds divided.

Custody and parenting time arrangements become permanent at this stage, though they can later be modified if there are major changes in circumstances. The same is true for support orders. Once the judgment is entered, both parties must comply with all terms or face potential enforcement actions.

Contact an Oakland County, MI Divorce Lawyer

Our Northville, MI divorce attorney has more than 20 years of experience helping clients deal with complex divorce issues involving housing, custody, and temporary court orders. At Elkouri Heath, PLC, we offer no-charge consultations and a compassionate, practical approach to help you move forward with confidence.

Call 248-344-9700 today to schedule your free consultation and learn more about your options during this transitional time.