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Old 11-15-2010, 02:16 AM   #1
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Seeking Divorce- x-husband won't leave the house

I need advice. I am seeking a divorce on the grounds of x-husband's unfaithfulness. We have 3 kids. I was told that in order to get a divorce, you have to be living in separate places for at least 1 year. My x-husband won't leave the house, so now I'm trying to figure out what I can do. I consider where he and the children reside to be the children's home. I'm using the van as a space where I keep my clothes and most of my essentials. It is most affordable- until I figure something else out. My sister's address is a back up place where I can stay too. Any advice is appreciated.

 
Old 11-15-2010, 12:19 PM   #2
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Re: Seeking Divorce- x-husband won't leave the house

Did an attorney tell you that? If not, I would have a hard time believing it as I know several couples who divorced while still living together.

 
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Old 11-21-2010, 10:59 PM   #3
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Re: Seeking Divorce- x-husband won't leave the house

Nah, doesn't matter. I have the same problem. Can't get rid of the slim bucket. The divorce is in the works. It is the court system that takes so long- getting a court date, filing forms, etc.

 
Old 11-22-2010, 09:54 AM   #4
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Re: Seeking Divorce- x-husband won't leave the house

selah123

I believe that you can file your papers anytime. I do not believe that you have to live separately for a year to qualify for a divorce. I believe that the initial orders are temporary because it takes about a year to finalize the divorce. I received temporary physical and legal custody along with child support. I filed my complaint for divorce in July and had a hearing 5 weeks later. I have since obtained an attorney and she is going to write up a stipulation. If we both can agree to the terms of the stipulation, than she is going to present it to the Court in January. If the judge signs the stipulation, than everything is complete and my divorce will be final.
I will say that my daughter and I did move out of the house last December 31st. We stayed at my brothers house so that I could enroll my daughter in school. I did have to file the case in the county from where I was residing with my husband but that was the only requirement. I have since found an affortable apartment.
I believe you can obtain emergency orders to have your husband vacate the premises or if you wish to move to a family members house with the children, you can obtain emergency physical and legal custody of the children along with an order that your husband can not interfer with you moving out and taking the children.
Have you spoken with an attorney whose specialty is divorce law?
Here in Massachusetts, you can go to the Family and Probate Court in your county and speak to the "Lawyer of the Day". They are there to advise you on what rights you have free of charge.
I wish you well on your long road--it is not a very pleasant experience. I will say that reading the stories of some of the other posters on this board has help me deal with the emotional roller coaster I find myself riding each and every day.
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Old 02-07-2011, 06:14 PM   #5
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Re: Seeking Divorce- x-husband won't leave the house

Hi Selah - yes, we have that provision in the Province I live in too (in Canada) and when my husband and I separated, we were still on good terms and continued to live together so we were worried about it (but we were lazy and we didn't get divorced for years after we moved out anyways so it didn't matter lol).

The important aspect of all of this is that you are not "living as husband and wife" anymore. The fact that you may still be under the same roof is not really relevant.

 
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Old 03-22-2011, 10:52 AM   #6
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Re: Seeking Divorce- x-husband won't leave the house

Hi,

It would be best to find out what your state law requires.. I know in SC you have to be separated at least a year.

 
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