Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern and I am sorry to hear about what you are going through. You will be glad to know that he can not just throw you out of the home. Moreover, even if he called the police, they would likely tell him that this is a civil issue and they can not get involved, unless there is violence involved or you feel that you are in danger or harm, if he remains in the home. If he wants to divorce you, he would need to file and you would be served. If it has been a month and you have yet to be served, it is unlikely he actually filed but you can always go online to the clerk of courts website to check or call the clerk and see if anything was filed, to make sure. Moreover, there needs to be a legal basis for the Judge to impose a restraining order. If anything, it would appear that you would have more grounds to have one ordered then him, based upon his actions. Now, if he did file for divorce, he could ask for exclusive possession of the home. If that did happen, you could advise the Judge that you have no place to go and ask that he pay temporary support, while the divorce is pending. Another thing to keep in mind, is that there may be grounds for a possible annulment, if you think he had ulterior motives. Pennsylvania divorce law recognizes two distinct types of marriages that may be annulled - those that are void from their inception and those which are voidable. Circumstances surrounding marriages that would constitute grounds for an annulment and thus be void as long as there is no cohabitation
after learning of the "impediment" to the marriage may include:
One person at the time of marriage was married to another
Spouses are related within certain degrees of consanguinity. For example, you cannot marry a close relative such as your mother
, father, first aunt, first uncle, brother, sister, first cousin, or grandchild
Either party was incapable of consenting by reason of insanity or mental disorder or otherwise lacked the mental capacity to enter into marriage
Either party to a purported common law marriage
was under 18 years old
The following marriages can be valid but voidable from inception and thus constitute grounds for an annulment:
One party is under the age of 16 and did not have the consent of the court to marry
Either party was age 16 or 17 and did not have parental consent nor authority from the court to marry, and the marriage was not subsequently approved upon reaching age 18 as long as the action for the annulment was commenced within 60 days after the marriage ceremony
Either party was under the influence of drugs and/or alcohol and an action for annulment is commenced within 60 days after the marriage ceremony
"Natural and incurable" impotence was not known to the other party prior to the marriage
A party married under the influence of fraud, duress, coercion or force and there was no voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.