QUESTION
Can I get a seperation without her consent and how long would it take?
Asked on Jan 28th, 2013 on Divorce - Delaware
More details to this question:
My wife is a mess. Has been for years. She no longer has custody and the courts Cps has an order of protection against her. Being in our house, being near the kids, kid’s school. This has went on for 13 years. She has had multiple Cps charges and arrests for drinking up until 3 years ago. Now it's painkillers and she has had this new order since August 2012. I need her gone my kids beg to have her out of there life. They testified against her. What are my options?
9 ANSWERS
You can obtain a dissolution or legal separation without her consent. You need only to serve her with the petition and then proceed with a default judgment if she refuses to participate. You should consult a family law attorney or facilitator to assist you to be sure everything necessary for a judgment is included in your petition.
Answered on Jan 30th, 2013 at 4:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Divorce the woman and get a custody order that allows you sole legal and physical custody.
Answered on Jan 30th, 2013 at 4:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that your option is to engage in attorney and file for divorce. You do not need her permission to do so, and the other the circumstances prevented will probably be able to gain, with the attorney, ex parte orders to protect you, your children, and your property.
Answered on Jan 30th, 2013 at 4:58 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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You don't need her consent to separate. It's not clear whether or not she currently resides in the home or there's an order preventing her from doing so. You should consult an attorney regarding dissolution of marriage proceedings, and be sure to bring any court orders that are in place regarding your wife and the children.
Answered on Jan 30th, 2013 at 4:58 PM
Thank you for sharing your question. I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. You can obtain an order of legal separation from your wife without her consent. How long it will take to do so depends on whether you hire an attorney or know how to do it yourself quickly and how quickly you can put together the paperwork and file with the court. If the situation is enough of an emergency, you could seek a protective order immediately to fill the gap between when the temporary or permanent separation orders entered by the court. I certainly suggest you seek the advice of a qualified lawyer.
Answered on Jan 30th, 2013 at 4:57 PM
John Arthur Smitten
You may as well get a divorce it is a lot easier.
Answered on Jan 30th, 2013 at 12:20 AM
Dennis P. Mikko
You could file for divorce. Once you file, if you and your wife cannot agree on custody, child support and parenting time, the court would determine each of your rights. Based on the facts presented, you could ask the court for supervised parenting time only and for full legal and physical custody. Once there is a court order, both of you would have to follow it (except you could not force her to use her parenting time) and it would prevent her from just coming over and picking up the kids.
Answered on Jan 30th, 2013 at 12:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for divorce and sole legal and physical custody And for a move away and relocate. She can probably still find you and the kids but it could give you a break. Otherwise you are going to be stuck with her coming back over and over again to try to see the kids. Take them to counseling. Even when they are adults she can try to interfere with their lives. They need to have tools to deal with her.
Answered on Jan 29th, 2013 at 11:52 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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There is no such thing as a separation in Delaware, you just separate.
Answered on Jan 29th, 2013 at 11:49 PM