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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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If law requires that you cannot file for divorce until someone

Customer Question

If law requires that you cannot file for divorce until someone leaves residence...what sould I do? We have no children together and I am the only one on the mortgage. We have only beem married for 2.5 years. second marriage for both of us. The reason I am afraid to leave my home is because she has her 2 grown sons living with us. Of which one is currently in prison and he has a vilent temper. He will be out soon and she plans to move him back. I have protested to no avail. Am sure her sons will probably frstroy my house and sell my belongings. My wife also has a violent temper and must always be in control. I have two teenage daughters and do not want them in this situation. I will probably end up out of my house and paying alimony until divorce is final. She has a 9 yr. old also and she is not working although she is ojly 2 courses away from her masters degree. I am a professional and cannot afford any troublr with her or her kids.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It is possible for spouses to live "separate and apart" within the same property, if they sleep in separate bedrooms and live without cohabitation, leading separate lives. Essentially, they would be acting more as roommates than partners. It is preferable to establish separate residences, but that is not always possible.

If you do wind up moving out, it is a good idea to catalog and detail all of the furniture that you are not taking, with video or pictures, if possible. That will allow you to ask the judge to order her to pay you half the value of any furniture that she keeps ,or that is damaged or destroyed after you vacate.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.