QUESTION
How could I get a divorce if he will not leave the house?
Asked on May 15th, 2015 on Divorce - Nebraska
More details to this question:
My husband does not have a job. I have even offered to give him enough money for him to get on his feet. He still refuses. He says that he does not want a divorce and that he does not have to leave. How do I start this?
4 ANSWERS
Family Law Attorney serving Durham, NC
at
Morelos Law Firm
Update Your Profile
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. You will likely either have to leave or continue to talk to him to convince him to go, which your offer to help financially support him was a good and reasonable idea but he didn't bit.
Answered on May 18th, 2015 at 5:38 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
This is the third time I answered this que3stion see my other answers
Answered on May 18th, 2015 at 4:52 AM
You begin by proceeding with the divorce. The house is an issue that will have to be taken care of during the divorce proceedings. At this time, however, you cannot kick him out. Proceed as quickly as possible to settle the house dispute in the divorce proceeding.
Answered on May 18th, 2015 at 4:03 AM
4 Awards
File for divorce. If you own your home you need to at least visit with an attorney about your options. The self help forms do not address real property, retirement accounts, etc.
Answered on May 15th, 2015 at 5:24 PM