Your only hope in removing your spouse from the marital residence is through a court order, and in New York, there are only a couple of reasons the court will order that.
First, if there is violence or the threat of violence, the courts will act to protect your safety or to protect your marital property.
Otherwise, unless your spouse has voluntarily moved out and set up an alternative residence and the court believes that returning to the marital residence will create strife, the courts are unlikely to take action to remove your spouse.
If you need help with issues related to your marital residence during a divorce proceeding, call the Queens Divorce Lawyers at Zelenitz, Shapiro & D’Agostino for free at 718-523-1111.