Whether you’re fighting to stay in your home, protect your children, or achieve a fair settlement, our team is here to stand by your side every step of the way.
Going through a divorce is difficult enough without being told to pack your bags. Many clients ask us: “Can my spouse make me move out during the divorce?” In Missouri, the answer is not as straightforward as a simple yes or no. Your rights — and your options — depend on a few important legal factors.
At The Betz Law Firm, we believe in empowering our clients with clear, compassionate legal guidance. Here’s what you need to know about your rights to stay in your home during a divorce in Missouri.
David Betz was great to work with. He was patient, listened carefully, and was able to make non-biased, rational recommendations that both parties would agree to. I could tell he has a lot of mediation experience as he cut right through the emotional vomit and laid out the facts. His wisdom greatly expedited a resolution to my case and avoided a costly trial. I would highly recommend the Betz Law Firm to anyone seeking a sensible, professional mediation experience.
Unfortunately, I found myself in a difficult situation and in need of mediation; Mr. Betz stepped up with only a moments notice. My previous experience with mediation was horrific, and I was very pleasantly surprised by the experience with Mr. Betz. His calm demeanor and efficiency was greatly appreciated, not to mention his willingness to step into an unknown situation and make it better, so very thankful.
I experienced a very difficult divorce process 6 years ago. There's no need to get into the details, but calling it difficult is quite an understatement. My now former spouse had unlimited funds for attorney's fees, and I did not. The whole process took 20 months from start to finish.
My primary concern was for the future of both children. David made his decisions on facts and what he believed to be best for the kids. He did an incredible job of remaining objective amidst all the distractions and what I'll call the antics of the other three attorneys, yes, three attorneys employed by the opposing side at different times during the 20 months.
David's recommendations to the judge never wavered from what was best for the kids. I am writing this review now because I can definitely state that David's recommendations were what was best for the kids. The kids are now 17 and 15, and they are thriving. Yes, I did my part as a parent, but I would never have had the chance to do so without the intelligence and integrity of David. He has the right combination of life experience, courage, and intelligence to earn the trust of anyone representing their children. I cannot say enough good things about David's commitment to being an exemplary GAL.
I will close by saying that I am a paramedic and have been for a long time. Paramedics judge each other on whether we would want a particular paramedic working on our children in an emergency. Using that benchmark, I trust David to work on behalf of my kids, and if you have the opportunity to have David represent your children, you can trust him to advocate for the most vulnerable individuals in a divorce who need protection the most.
I contacted the Betz Law Firm to handle changing my name this year.
The firm was very professional and returned my inquiry quickly. I worked with Debbye and she handled everything with accuracy and kindness.
Everything was handled quickly and easily. Debbye displayed her excellent knowledge of the process as she walked me through everything. Overall, they took great care of me. Truly a white glove experience! I cannot recommend Betz highly enough and will be back to any future legal needs.
Attorney David Betz was appointed Guardian ad Litem to represent my minor child during a highly contested divorce proceeding. Attorney Betz developed a structured and safe plan during the proceeding and recommended a final arrangement that was in the best interest of my minor child to keep him protected and ensure his safety.
David was very helpful and respectful all around. He took the time to hear my Son’s concerns and made him feel comfortable sharing these concerns. He was always on time and ready to handle our case, always prepared. I appreciate that, to me it shows that he really does care about the families he’s helping. I highly recommend him if you are considering a GAL for your case.
I appreciate Mr. Betz taking the time and effort to get to know everyone, especially including by being a part of depositions, and helping to facilitate an opportunity for us to move forward amicably in a co-parenting dynamic. I would recommend him.
I have known David for many years, working on cases and outside of work. He is a fantastic advocate, has high standards, is well respected and sticks to his principles. He gets the struggles parents can face raising kids these days. I really admire his courage and how he fights to make a positive difference in people's lives, especially for his clients.
The Betz law firm did an amazing and efficient job executing on my non-contested divorce. My ex drug his feet and the law firm kept on him and even was prepared to go forward with a non-response judgement. My ex responded the day before we went for a non-responsive judgement and agreed, finally. The judge signed off within the week and I was notified via email that my divorce was final a few days prior to receiving the email. I never had to go to their office or to court to face my ex. From start to finish, this took 6 months almost to the day. Again, my ex drug his feet, this could have probably gone faster. Thank you Debbye Laskey for keeping the paperwork straight and to Mr. Betz for the legal components.
Mr. Betz is an exceptional attorney who has been an advisor for me and represented many of my clients. He is well respected within the legal community and trusted by all.
David and his team are excellent to work with. The care, expertise, along with the ease and frequency of communications always kept me well informed and aware of the status of my situation. I cannot recommend The Betz Law Firm enough and I won’t hesitate to call them again in the future if I ever require their services again.
Mr Betz worked with both of us for us with our mediation, no matter how frustrating she was becoming. He handled the situation very calmly and professionally. Thank you for helping it come to a resolution.
I have worked with Mr. Betz a number of times and have always found him to be a wonderful GAL and mediator. He does the work, gets things done, and cares about the tasks and people involved. I highly recommend him as both a GAL and mediator.
I hired the services of David Betz for purposes of getting a name change and him and his paralegal Debbye were professional, answered emails promptly, and were able to handle a complication in my case with no problems. Would highly recommend Mr. Betz.
David was very professional and helpful for our child during a recent litigation. I would highly recommend his firm for GAL service or attorney service!
I was very impressed with Mr. Betz’s service. He was the GAL for my children. He was very professional, fair-but-caring and advocated tireless for the children’s best interests. He took his time to talk to them about their wishes, giving us sound advice and guided us through an otherwise contentious process. I appreciated his professionalism, ethics and would highly recommend him.
My son and I have worked with David Betz for several years in custody matters concerning my grandson. I have found him to be genuinely concerned with our situation and responsive to our needs. He listens carefully and handles matters promptly. He is realistic in evaluating situations and helps us to arrive at the best possible alternatives. I highly recommend him for family law matters.
I am a transfeminine nonbinary person that used The Betz Firm to get my name changed. They were extremely affirming, and excited to work with me through this as it was an immensely huge deal for me. Thank you Betz Firm, for making this a reality for me!
Joel and David are extremely helpful and helped with everything I needed. They are kind and worked with me with all of my needs regarding my case! I would recommend to everyone!
Missouri Law: Marital Property and the Family Home
Under Missouri law, the family home is considered marital property if it was purchased or maintained during the marriage — regardless of whose name is on the deed or lease. This means both spouses typically have equal rights to live in the home until the divorce is finalized.
Unless there is a court order, your spouse cannot legally force you to leave.
When Can a Spouse Be Removed From the Home?
There are situations where the court can intervene and remove one spouse from the home, especially if there are concerns for safety or domestic violence.
A judge may order one spouse to move out if:
There are allegations of abuse or harassment
One spouse feels unsafe in the shared residence
Children are at risk or exposed to conflict
In these cases, the court may issue a temporary order (called a pendente lite order) granting exclusive possession of the home to one spouse while the divorce is pending.
If you are in immediate danger, contact law enforcement and seek an order of protection. Your safety comes first.
Can We Agree to Separate Voluntarily?
Yes. Many couples agree to a temporary living arrangement during divorce to reduce conflict — especially if children are involved. If both parties agree, one spouse can move out while still maintaining legal rights to the property and parental rights.
However, it’s essential to speak with a divorce attorney before moving out. In some cases, leaving the home without a formal agreement can affect:
