Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

What do I do if I have told him that I want a divorce and he

Customer Question
won't leave my home? Is...
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: 9 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
10/1/2008
Family Lawyer: RayAnswers, Lawyer replied 9 years ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 44,473
Experience: 30 years as a family law lawyer .
Verified
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 ..


 

Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 44,473
Experience: 30 years as a family law lawyer .
Verified
RayAnswers and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago

Is this legal for the state of NC?

 

Family Lawyer: RayAnswers, Lawyer replied 9 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..

http://www.divorcesource.com/info/divorcelaws/northcarolina.shtml
Ask Your Own Family Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 44,473
44,473 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a alimony request for termination due to cohabitation
I have a alimony request for termination due to cohabitation If I move into my own apartment before the hearing in 2 months will a judge still terminate… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
How does the separation of a same sex cohabitation work in
How does the separation of a same sex cohabitation work in Florida? We lived together 25 years. We co-own few realestate properties. We have lots of "stuff", some purchased together, most not, and som… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I received temporary orders for child custody here in
good morning. i received temporary orders for child custody here in nebraska. i have the order for you to look at. it says temporary removal of minor child to tennessee is denied. it goes on to say my… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I had a temporary order of protection against my husband in
I had a temporary order of protection against my husband in 2015 for pushing me and causing me to flip over the dining room chair and hitting my head. After a while I decided to drop it and we moved t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
There was a question posted in 2012 regarding cohabitation
Hello --There was a question posted in 2012 regarding cohabitation in Virginia and answered by Lawyer Lori. It stated: What does it take to prove cohabitation in the state of VA. What does it take to … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
In my hearing last week for my petition for temporary order
In my hearing last week for my petition for temporary order to prevent move I was trying to refer to some of the evidence I submitted in my original objection to move. The court did not have 11 pages … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
During a hearing for Temporary Orders, the Judge stated she
During a hearing for Temporary Orders, the Judge stated she would not consider anything but Standard Order of Possession.We have an order waiting for her signature. However, my spouse believes he gets… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I'm cohabitating with my spouse and we are telling family
I'm cohabitating with my spouse and we are telling family and friends we are separated and we live in sc. Also I have a boyfriend and my spouse has allowed me use of our home on weekends to entertain … read more
RayAnswers
RayAnswers
Lawyer
44,473 satisfied customers
I have a temporary orders hearing on Aug 16 which I filed
I have a temporary orders hearing on Aug 16 which I filed for contempt of court for my ex. I was awarded the marital home both by the judge and also via a Quit Claim Deed. On June 19 I found that my e… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
I am military and have been on temporary orders for a year.
I am military and have been on temporary orders for a year. I have custody of my kids and brought them with me to California while I fulfill my obligated service. I have informed my kids father of all… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I was looking up cohabitation law, Only verbal for 10 years,
Hi, I was looking up cohabitation law JA: Was a cohabitation agreement reached? What are the basic terms? Customer: Only verbal for 10 years JA: Family law varies by state. What state are you in? Cust… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
Ok I have court on Monday for Temporary orders concerning
Ok I have court on Monday for Temporary orders concerning abuse to my son (12) from his father who has custody. His father has painted a pretty picture of they're at home life. I have a criminal recor… read more
RayAnswers
RayAnswers
Lawyer
44,473 satisfied customers
In the temporary orders of my divorce were direct orders to
In the temporary orders of my divorce were direct orders to not expose the children to the case. My EX was found in contempt of that order. Later the permanent orders did not repeat nor delete nor add… read more
Sue
Sue
Juris Doctorate
240 satisfied customers
I cohabitation, I have cohabitation in wisconsin with my
I have cohabitation in wisconsin with my partner of 9 years. He resided at my property,but kept his own address,but did not receive there. Through these years we have purchased trucks, equipment, etc. He bartered for most so no titles. I s it mine to with as I want … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I have a question about a temporary order for legal decision
I have a question about a temporary order for legal decision making and joint custody of a child … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I was wondering how the forms for a temporary order and the
I was wondering how the forms for a temporary order and the final order differ regarding custody … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
In tennessee if a former spouse cohabits with another, does
in tennessee if a former spouse cohabits with another, does alimony still have to be paid from the first marriage… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Currently working under a temporary order for child custody
Currently working under a temporary order for child custody almost a year now and the opposing party continues to push back court dates and mediation. What can be done?… read more
Benjamin Nyhan
Benjamin Nyhan
JD
2 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x