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I know legally he can get back in, but what I do not understand is how when the home is not in his name. I bought it ten years before I met him. He has already broken in and removed everything that belonged to him. We were only married for three years. According to the divorce laws I have looked at online, we have to be separated for at least six months. That is a long time to be scared to come home to find him there or find all my stuff destroyed. He has not physically threatened me yet. Is there anything else I can do?
13 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You misread the statute. You only have to not get along for six months eve if you still reside in the same house.
Answered on Jun 28th, 2013 at 12:24 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Go to the courthouse and file for one
Answered on Sep 13th, 2012 at 4:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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File for divorce and get a protective order an order allowing you the exclusive use of the residence.
Answered on Sep 13th, 2012 at 8:26 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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I don't see anything here warranting an order of protection. In Ohio, when you are married, you each have an equal right to be in the marital residence. It does not matter that it was yours before marriage. You can, however, file for divorce and seek an order from the court for you to have exclusive use of the house. I don't know what you mean by needing to be separated for 6 months. The only 6 month requirement in Ohio is that you must be a resident of the state for 6 months before filing for divorce.
Answered on Sep 12th, 2012 at 2:51 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You can file for divorce now and also file a motion asking the court to award you exclusive possession and control of your home.
Answered on Sep 12th, 2012 at 2:49 PM
You need to apply to the court for a restraining order and file for dissolution. There is no required separation period in California. You should consult the local domestic violence agency to assist you with the restraining order and a family law attorney or facilitator about the necessary dissolution papers.
Answered on Sep 12th, 2012 at 2:49 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The quick and direct answer to your concerns is to call the police whenever he does something that threatens you. Since Colorado law does not require any period of separation it appears you live in another state. That means you need to contact a lawyer in that state about how to seek a protection order as well has better information about filing for divorce.
Answered on Sep 12th, 2012 at 2:47 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Yes, you need to file a domestic violence restraining order and/or an order for exclusive use and possession of property.
Answered on Sep 12th, 2012 at 2:43 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to file a request for stay away orders now. You will have to come up with a reason you are afraid of him or his actions. Next time he breaks in and he may be violent , for example. I don't know what you are talking about a 6 month waiting period. California has to six month requirements. First, you must live in the state for? 6 months prior to filing.?Second, after the other party is served you must wait six months to be declared to be single.
Answered on Sep 12th, 2012 at 2:42 PM
Gary Moore
Rely upon a good lawyer to help you because understanding the law is not something so simple as reading something on the internet.
Answered on Sep 12th, 2012 at 2:39 PM
Leonard A. Kaanta
In Michigan, you do not have to be seperated for any period of time. In Michigan, you can file for divorce an protection order at the same time or separately.
Answered on Sep 12th, 2012 at 2:38 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Call the police and have him arrested. As for divorce, you do not need to be separated 6 months in wi-you only need to indicate that your marriage is irretrievably broken. File for divorce, get an order that he can't come back in, take stuff or harass you.
Answered on Sep 12th, 2012 at 2:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no six months separation requirement in Florida.
Answered on Sep 12th, 2012 at 12:47 PM