Re: Seeking Divorce- x-husband won't leave the house
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.