QUESTION
How can my brother get his soon to be ex wife to leave?
Asked on May 15th, 2013 on Divorce - California
More details to this question:
My brother has filed for a divorce but his soon to be Ex won't leave. How can he legally get her to leave? They've only been married 10 months. She has been married 5 times before. She is a gold digger!!! She wants money! This is his first, and I'm sure, his last marriage!
9 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Normally the day the divorce is final is the day she must vacate
Answered on May 16th, 2013 at 6:37 PM
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If your brother wants to force his wife to leave the marital residence, then he must file for divorce and file a motion to vacate. He will also have to file an affidavit to support his motion to vacate and show there are compelling reasons supporting his request that she be vacated from the marital residence. Also, unless he is an owner of the property or lessee, then she could argue that he should be the one to leave. Your brother should consult an attorney to review his options.
Answered on May 16th, 2013 at 1:30 PM
He can ask the court for a move out order. He should consult a family law attorney or facilitator to assist him with the motion.
Answered on May 16th, 2013 at 1:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He needs to work it through the divorce court. His attorney can probably file for temporary orders asking the court to remove her.
Answered on May 16th, 2013 at 1:29 PM
Only when the physical or mental well being of your brother is jeopardized by her presence would a court order her out. Simply filing is not a basis to get her out. Merely being awkward does not count either. It must be something she is actively doing that jeopardizes his health.
Answered on May 16th, 2013 at 1:29 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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If she is still in the house, in North Carolina, his filing for divorce was a huge waste of time and money. There is a one year period of physical separation (not living together) that is required before he would be eligible to file for divorce. If he is trying to force her out of the house, he needs to file what's known as a divorce from bed and board.
Answered on May 16th, 2013 at 1:28 PM
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If he owned the house before they got married and is the sole owner of the home, he can contact local law enforcement and they may force her to leave. If not, he can file a motion with the court and request sole use and occupancy of the home.
Answered on May 16th, 2013 at 1:28 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Have him finalize the divorce and in the divorce judgment assuming he is granted the house make sure there is a time period by which she must leave.
Answered on May 16th, 2013 at 1:28 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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He must go through the court process, it will take some time.
Answered on May 16th, 2013 at 1:27 PM