What is the benefit of forcing parties who are divorcing to live together? Without a finding of violence or fear for physical safety, New York courts have been far too reluctant to grant interim exclusive occupancy of a family home to a spouse. Although courts will grant temporary occupancy to one spouse when finding “domestic strife” in the household, this can only happen if an alternate residence is available to the ejected spouse. So-called “petty harassments” such as hostility and contempt have traditionally failed to meet the standard because they are considered part of the overall divorce process.
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