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[quote=Anonymous]I was curious about the legal amplifications of kicking a spouse out and there is precedent for kicking a spouse out of the home---legally under a 'kick out clause'  or under 'divorce from bed and board'.  Did OP's husband get legal enforcement to throw her out---or did she leave voluntarily?  Would her presence be disruptive to the children?

An example would be accusing a spouse of constructively abandoning the marriage by leaving the marital bedroom and refusing to engage in intimacy when in fact you demanded the spouse leave the bedroom [b]and repeatedly brought members of the opposite sex into the bedroom with you when your spouse was away from home.[/b]

HOW TO OBTAIN A DWELLING EXCLUSION ORDER
If you need to kick your spouse out of your residence for your family’s personal safety during a divorce or otherwise, hire a lawyer to submit an ex parte application to the courts. Since your spouse will not have the opportunity to present his or her side of the argument, the courts will typically only grant an application if it finds you are in a true emergency. Good causes for why the courts should grant your order may include:

The other party has assaulted or threatened to assault you or someone under your care, custody, and control.
Objective evidence points to serious risk of harm. You may have a video, texts, letters, or sworn witness statement that proves you, your child, or someone else in your care is in serious risk of harm from your spouse.
You would suffer physical or emotional harm if the court did not grant the order. Under Family Code Section 6340, there is a lower standard of proof that means it’s not necessary to prove an emergency. In a non-emergency, however, you must prove that without the order there is a high risk of harm.

You must also prove the party that will remain in the dwelling has a legal right to possession of the premises. If you meet these minimum requirements, the courts will grant your order, typically effective immediately. An attorney or third party will serve your spouse the order on your behalf to protect your personal safety.[/quote]

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