QUESTION

How can I get rid of my dead beat husband?

Asked on May 15th, 2015 on Divorce - Nebraska
More details to this question:
He will not work. Or uses the excuse he cannot get a job. I cannot get him to leave the house so that I can file separation. What do I do? How do I get a legal separation if he will not leave the house?
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6 ANSWERS

Family Law Attorney serving Durham, NC at Morelos Law Firm
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Unfortunately you cannot get a divorce without ONE full year of separation (which means living ins separate residences, not just separate rooms). And also unfortunately, you cannot force someone out of the house except for a few narrow fault grounds (such as adultery, domestic violence, excessive drinking/substance abuse to the point of making your life intolerable, just to name a few). And even then, you would need to file a lawsuit for such a claim and have good evidence and it would be up to the judge to decide (and such a case can take a couple months at the least, depending on the county, to even get heard due to busy dockets.
Answered on May 18th, 2015 at 5:38 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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I just answered a similar question file for divorce while he is in the housethe divorce judgment will dictate when he moves.
Answered on May 18th, 2015 at 4:51 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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File for divorce and seek an order to have him removed, which, during the pendency is not an easy order to procure.
Answered on May 18th, 2015 at 4:31 AM

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Him being there does not stop you from filing for either Legal Separation or Divorce/Dissolution of Marriage.
Answered on May 18th, 2015 at 4:10 AM

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As a legal matter, it's not all that hard. But why a legal separation rather than a divorce? Most separations turn into divorces anyway, and it sees more economical to deal with the whole thing just once. No law as such requires that the parties live separately in order for one of them to file a divorce, or separation, petition. However, you can seek a temporary order giving you the exclusive but temporary, use of the homestead. Find an experienced family law attorney. They're almost always worth the invest men. Good Luck.
Answered on May 15th, 2015 at 5:23 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
4 Awards
You can file for divorce while still living together and have a motion hearing to have him ordered out. You should consult with an attorney. Best wishes.
Answered on May 15th, 2015 at 5:23 PM

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