Thanks for the clarification.
I certainly empathize with what you have been going through, and I agree it sounds like it is time to make a clean break and get out of the situation.
In order to force your spouse to relocate from the marital home it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home. As the home was your before marriage, and presuming that you didn't make a gift of the house to her stringing the marriage, you will expect to be granted the order.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing, because you can expect that your wife will ask the court to order temporary alimony
. What occurs at the Temporary Hearing often signals what will happen after the divorce, and so it is important for your future that you do well at the Temporary Hearing.
With no children, child support
will not be an issue.
Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is possible that the judge will order spousal support, for at least a number of years.
Issues the court will generally look at in determining spousal support include:
1.The present respective incomes of the parties;
2.The education levels and earning capacities of the parties;
3.The ages and the physical, mental and emotional conditions of the parties;
4.The duration of the marriage;
5. Whether either party will be caring for children of the marriage;
6. The standard of living established during the marriage.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,