In very limited circumstances, yes, but for most, the answer is no (without a restraining order).
It is very rare for a spouse to be forced out of a shared home before a divorce is finalized. Once a divorce is final, either after Trial or by agreement, there should be a clear plan about who get to keep the house and when the other person needs to leave.
Before a divorce is finalized, the Court evaluates a request to remove a party from a marital home on a case-by-case basis. The party seeking to stay in the house and remove the other must demonstrate that continued joint occupancy threatens the health, safety, or well-being of the family, particularly children.
While the Courts focus heavily on shielding children from living in a hostile or volatile environment that compromises their stability, in practice, it is extremely difficult to establish the level of threat that must exist to successfully remove the other party before the divorce is finalized. Typically, when this level of threat or danger exists, there will be sufficient evidence to seek a Temporary Restraining Order, and domestic violence Court is much better equipped to handle these issues than divorce Court. When a restraining order is issued, the parties cannot continue to live together and (usually) the party who gets the restraining order first will remain in the home. The domestic violence system should never be misused simply to remove someone from a home, even if everyone would be better off if the parties no longer lived together. That process is designed to protect victims of abuse and should not be abused.
Unfortunately, sometimes the divorce process can be longer than people would like, and it can feel longer still when you are still living with your soon-to-be ex. While it would be nice to be able to get some peace during the process, unless someone agrees to leave, the Court is rarely inclined to force anyone out.
If you are navigating a high-conflict divorce or need legal guidance regarding your marital home in New Jersey or Pennsylvania, call our office at (856) 396-9500 or visit the contact us page.