Can You Change the Locks During Your Divorce?
If you’re searching, “Can I change locks during divorce?” you probably already realize the question doesn’t have a clear-cut answer. As experienced family lawyers in Phoenix, Lincoln & Wenk help you navigate these and other critical stages of your divorce. Whether you need help filling out paperwork during an amicable process or a better understanding of the legal ramifications of your continued cohabitation, we can help.
The Role of Arizona Property Law During Divorce Proceedings
Before changing the locks in your marital home, understand the legal nuances of doing so. Generally, you’re not allowed to bar your ex from the property. Even if the deed doesn’t have your spouse’s name, they still have a right to enter or live on the premises.
Many couples won’t live together during the process and will come to a tenuous agreement about who should live in it. However, even with a verbal sole occupancy agreement, the other person can still maintain legal rights to enter the house for whatever they need. This often causes tension if both parties don’t respect the space.
What happens if you change the locks without proper cause? The judge could interpret the action as a means to intimidate or control, potentially affecting how they rule during the proceedings. If it appears like harassment, you could find yourself in contempt of court.
When You Can Change the Locks Without Legal Complications
If you’re wondering, “Can I change locks during divorce?” you can find a few situations during the divorce process where you shouldn’t experience any detrimental consequences.
When Both Parties Agree During an Amicable Divorce
When you keep the process amicable and remain on good terms with your ex, they may agree to you changing the locks. Often, this is an important step in establishing boundaries, and both people will benefit from it. However, still put everything in writing.
If a Court Order Grants a Ruling for Your Protection
In certain situations, a judge may determine that you should change the locks for your protection. This often happens in cases of domestic violence and is a form of restraining order that prevents your ex from entering the home. In this case, changing your locks is in your interest and essential for safety.
Many orders that fall into this category only apply for a specific period of time, usually one or two years. A lawyer can help you apply for an extension. How can you increase your chances of filing a successful restraining order?
- Keep detailed records: When the abuse or dangerous incident occurs, document it. Include the date and time, important details, and any witnesses that can back up your testimony.
- File police reports: When law enforcement has reports of one or more incidents, it can strongly support your case and make the process go faster.
- Seek medical treatment: Seek medical treatment after domestic violence. Doctors are trained to know the signs and can act as a witness.
- Don’t delay filing: If you delay filing, the judge may interpret it as a situation that doesn’t feel dire or dangerous. When possible, always apply for the order quickly.
- Consider ex parte: In an emergency, you can request a temporary filing without the other party present. You can then go through the longer formal process for a more permanent solution.
- Seek professional help: You have a greater chance of a successful filing if you seek professional help. A family lawyer has experience using the legal system to protect an at-risk spouse.
After a Judge Grants You Exclusive Use of the Property
If you ask, “Can I change locks during divorce?” you have an additional option for legally preventing your ex from entering the home. An order from the court can establish you as the sole resident of the home or apartment.
This acts as a less severe form of a restraining order. If your ex violates the “stay away” ruling, the police will arrest them. However, in an exclusive use order, the court simply finds them in contempt.
You can likely receive this form of protection if you demonstrate it acts in the interest of you or your children, but your ex hasn’t committed any criminal acts. However, a court will also grant one if you can prove your spouse has effectively abandoned the home.
The easiest way to show this is if you haven’t lived together for at least a year before the divorce filing. You could also demonstrate that your ex has no intention of returning to the home or hasn’t contributed financially or as a parent.
How To Resolve Disputes Over the Marital Home Peacefully
Fighting over the marital home can leave everyone in the family traumatized, increase the duration of proceedings, and incur considerable expense. While hiring a divorce lawyer can help navigate the paperwork and avoid common mistakes, you should still do everything possible to avoid costly court hearings and prolonged arguments. Consider the following tips for keeping the process as peaceful as possible.
Try To Remain Amicable and Care About Each Other’s Interests
Try to remember why you cared about each other. You don’t have to fall back in love, but apart from cases of abuse or other extreme circumstances, you can probably find good things to say about your ex if you make the effort. With this in mind, consider leaving each other with enough assets to move forward and start a new life.
Practice Clear Communication and Set Healthy Boundaries
If you want to avoid searching, “Can I change locks during divorce?” you can often reach an agreement if you communicate clearly and help each other maintain boundaries. Even if a lack of communication was a primary factor in your divorce, work on improving it. This makes the divorce process easier and sets a solid foundation for your future relationships.
When you’re talking with your ex, consider the following practices:
- Treat your interactions like a business exchange. Avoid speaking sarcastically or making rude remarks, and don’t feel like you have to solve everything in a single exchange.
- Deal with one issue at a time. When discussing custody or dividing assets, don’t bring up old arguments, especially if they’re irrelevant.
- Agree about how you’ll communicate. If you can’t handle talking in person, consider a messaging app or email, which can also serve as documentation and evidence.
- Talk about how you feel without accusation or blame. Validate the other person’s emotions without taking on the blame or guilt for their feelings.
- Also, set boundaries about when you’ll talk. Some exes benefit from pre-arranged communication times so they’re not messaging at inconvenient hours.
- Respect each other’s privacy and set boundaries about appropriate topics. Even if you’re remaining amicable, it doesn’t mean you need to know everything about your spouse’s new relationship.
Invest in Therapy and Control Your Emotions
Divorce is a tumultuous time, even for emotionally intelligent people. It often creates self-esteem issues, anger, and grief that only the loss of a beloved family member rivals. It will change you, but with help from a therapist, it could leave you a better person.
The trauma involved in the divorce can often lead you to make impulsive decisions. In a moment of anger, you may post a rant on social media or send a text that puts you at risk of losing custody or giving up more assets. When you have a professional helping you control your emotions, you don’t put yourself at risk of these costly mistakes.
Focus on the Children and Their Health and Happiness
“Can I change locks during divorce?” If you’re asking the question, confirm it’s in the interest of your children. If you simply find your spouse annoying or lazy, your children may still benefit from seeing them.
In many cases, the judge awards some form of joint custody and visitation when you have children. You want them to have a safe and secure place to go, so ensure you leave your ex with enough assets to give your children a life worthy of them. Put your desire for revenge aside and understand that wanting what’s good for your spouse is also wanting what’s right for your kids.
Consider Mediation or Collaborative Divorce
You can find ways to approach divorce other than a combative argument and tense court proceedings. In mediation, an uncontested divorce, or arbitration, you approach the process more as a discussion than a fight. You should still retain a lawyer to make communication easier, advise you about the right practices, and maintain healthy boundaries.
Schedule a Divorce Consultation With Lincoln & Wenk Today
When you have questions like, “Can I change locks during divorce?” or need other answers about divorce, contact Lincoln & Wenk. Our experienced lawyers can help you with everything from moving out to filing the paperwork.
We’re the family lawyers who can advocate for you in court, but we can also act as mediators, arbitrators, and uncontested divorce attorneys. We practice honest communication and always take a client-centered approach. To book a consultation, complete our online form or call 623-294-2464.