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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have a friend that is married and they have not lived to

Customer Question

I have a friend that is married and they have not lived to gather for over year. He didn't want anything to do with her unless it was sex. He hits her and tells her that if she thinks about getting a divorce from him. no one will miss her or find her. they have 1 kid to gather. she is scared of him, she also find a good man that treats her well and just found out that she is 2 months along with the boyfriends kid. the house she lives in her gramma bought and paid for and he made her put his name on the house our he would make her missing. can she loss the house and everything she worked for because she's was scared to leave him.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - You are correct that no judge would make her stay with him and it is likely that she would be awarded the house however having his name on the deed can be a problem and I cannot guarantee you what a court may do with respect to that issue as far as the equity in the property is concerned. She needs to file for divorce and ask for a restraining order from the court. The new child's father will have to file for paternity once the child is born since any child born during the marriage will be considered as a child of the marriage and the court will not permit a pregnant person to obtain a divorce. So she needs to first file for a restraining order and ask the court to grant her exclusive occupancy of her house. Once the baby is born she needs to get her divorce and try to get the house titled back to her.
Customer: replied 5 years ago.
So your saying that the courts will not let a pregnant woman get a divorce from someone who beats her,knocks her out cold to have sex with her because he thinks he owns her. he tells there son mom fell down the stairs again. comes over and she has to call the cops to get him out of the house. shes got to do all the work and the court sits around and says to fill more paperwork out
Expert:  Dave Kennett replied 5 years ago.
Of course they will let her get a divorce, just not during the pregnancy. She needs to get a restraining order and an order for exclusive use of the house and after the child is born she can get divorced. She can file now but no court I know will actually grant the divorce until the baby is born. Then she can have the paternity determined through dna and proceed accordingly.
Expert:  Dave Kennett replied 5 years ago.
Was there something else you wanted to know? I noticed you said I gave "poor service" so if there is additional information you need I will be happy to assist. I can only tell you what the law is and not what you want it to be.