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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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What do I do if I have told him that I want a divorce and he

Customer Question

What do I do if I have told him that I want a divorce and he won't leave my home? Is there such a thing as a "bed & breakfast divorce?"
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
You can file for divorce while living in the same house. Eventually the court will issue temporary orders and one party will probably be awarded sole possession here. But yes when the economy gets bad and two people were having to make a mortgage it happens here.

You can divorce while living together. In fact I have done one for a client who wanted to keep living with the spouse but he was a chronic alcoholic and didn't want liability because of his numerous wrecks. They're divorced and they still live together. So it is certainly possible...

If this is your separate property the court will issue temporary orders awarding you the house and making him leave ..


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Customer: replied 8 years ago.

Is this legal for the state of NC?


Expert:  RayAnswers replied 8 years ago.
Yes it is. You just need to mae sure that you are indeed living separate lives and that there is no cohabitation during the period. This means you each get your own accounts, split out the bills to the degree possible, etc. Remember you have to testify and prove to the court that you separated even though circumstances required you to stay in the same dwelling.

Here's legal refernce to divorce in your state..

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