WHO HAS TO MOVE IN A DIVORCE? DIRTY DIVORCE TRICK TO GET SPOUSE TO MOVE OUT OF MARITAL RESIDENCE. IN A TEXAS DIVORCE, NEITHER SPOUSE IS REQUIRED TO MOVE OUT. The marital residence of the parties gets divided and distributed in the final decree of divorce, which happens at the very end of the divorce process. This means that both spouses can occupy the residence throughout the pendency of their divorce case unless the parties agree, or if the court makes temporary orders tha