QUESTION

Can my husband kicked me out after I signed the divorce papers?

Asked on Apr 08th, 2014 on Divorce - Nebraska
More details to this question:
My husband filed for an uncontested divorce, and I just had surgery on my knee. We live together. If I sign the papers, can he kick me out after the divorce?
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4 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Don't sign anything! You don't say what these papers are. Read the documents so you know whether this is a petition or what and what you are required to do to respond. There is no such thing as an uncontested divorce until you agree to everything, which you are not required to do. You can certainly go to court (get a lawyer to do this for you) and have your move out of the home postponed until after you recover. That's assuming your husband somehow has a greater right to the house than you do.
Answered on Apr 10th, 2014 at 7:37 AM

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Whether or not he can kick you out would depend upon the status of the residence in which you live. If it is a rental, he can only kick you out if he goes through an eviction process, but that will probably not work since it is as much your residence as it is his. If it is a home that you both bought during the marriage, you will probably not be able to since you have as much a right of being there as he. If you want him to move and you to stay there, do not allow him to have an uncontested divorce. Fight for what you want.
Answered on Apr 10th, 2014 at 7:37 AM

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That's not an easy question to answer. Normally, no, you can't be evicted just because a divorce has been granted. If you want to make sure you don't get kicked out, file a response to the divorce case and work out a settlement agreement with him that guarantees you won't be made homeless. Call an attorney to talk this over.
Answered on Apr 09th, 2014 at 8:12 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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The answer depends on who owns the house and who is awarded the house in the divorce.
Answered on Apr 09th, 2014 at 6:28 PM

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