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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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What are key factors a judge considers before ordering exclusive

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What are key factors a judge considers before ordering exclusive use of the marital home during a divorce?
DearCustomer- The most common consideration would be if there is any domestic violence in the home. That, above everything else, would be a key factor in granting exclusive use. Every judge is different and there are other factors such as what friends are being brought into the home that may have an adverse effect on children or whether there is abuse of alcohol or drugs. So this is really a matter of judgment on the part of the court and there can be numerous factors that could be considered. Generally speaking, each party is entitled to remain in the marital residence so one party must show that there are factors present that may put a party in some danger or have an adverse effect on children.
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