QUESTION

Can i ask that spouse leave home while waiting for divorce (without having protective order)?

Asked on Feb 09th, 2014 on Divorce - Virginia
More details to this question:
He is not hurting me physically but is emotionally and is selling my personal things. When we have argumets, the Police said i cant make him leave
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
The police are right.  It is very difficult to force someone out of their home and is usually only done is cases of domestic violence.  In this situation, where you don't otherwise have grounds of divorce to file, you must take the necessary steps to leave the marital home yourself and wait out your one-year separation.  Then you can file for divorce and the court can ultimately decide who will get to live in the home or it will be sold.  Many people get stuck in this situation because they cannot afford to move out. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  
Answered on Feb 10th, 2014 at 10:17 AM

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