Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel and I will discuss this and provide you information in this regard.First, you would not be eligible for an annulment - unless she was fraudulent or under age, or has secrets that she has kept from you regarding any type of addiction.So let's focus on the divorce.Do you feel she is going to contest the divorce?In other words, you want to file a No Fault divorce?
If you are filing the divorce and she agrees, then she will sign the documents and you file them. If she is not in agreement, then you file, she is served and she has 30 days to respond. In the meantime, when you file you can request a Motion to have the court grant you temporary use and possession of the home until the matter is resolved.If she is agreeing to the no fault, then you should discuss with her a marital separation agreement, where it is determined who lives where, and how any marital assets will be distributed.
I suggest, you might want to consult with a local family law mediator to help if you run into problems as to how the Marital Separation Agreement should be worded and drafted.
I understand. And as I said, you can file a Motion for the Temporary Use and Possession of the home if she disagrees to the divorce.If she agrees, then I suggest you continue to keep it amicable with a marital separation agreement.