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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27594
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My new husband turned out to be a bit psycho. When he is in

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My new husband turned out to be a bit psycho. When he is in a bad mood He says he wants to inflict as much emotional damage upon me as possible. He says he married me just because he said he would and a man keeps his word even when his heart wasn't in it and he had plans to divorce me as soon as possible. He says he filed for divorce 3 days after our marriage but it has been a month and I have not seen any papers. The home we are living in he purchased in his name only because my credit is poor, he closed on the house and we moved in 2 weeks before we got married. This he also said he did just because he said he would. Prior to that he had moved in with me and we lived together for 6 months in a home owned by my family. He is telling me he had a lawyer on retainer before we were married to protect his assets and that I have no rights or claim to anything. He told me married people don't keep separate accounts so I emptied my bank account on cash purchases for the house, including installing central air, but he says I have no proof and he was careful to only let me spend cash for that reason. He told me he was going to add me to his existing bank account once we were married but did not. I do not want to claim any of his property. I am so in love with this man and am dumbfounded that he would go to such lengths to prove a point. He says his word is his bond and he did what he said he would do. As soon as we were married he took me to change my driver license to reflect my married name and address. He says it does not matter that my legal address is the home we share, that he can throw me out with just the clothes on my back and I can't do anything about it. He says I will be forced to change my name because I don't deserve his last name, that he can have police remove me from the residence at any time he wants, and he will get a restraining order against me to keep me away from the house and him. Is there validity to what he says or is he just trying to bully and intimidate me into leaving? I do not want to leave, maybe I am stupid but I am in love with him despite his bipolar roller coaster behavior of being head over heels desperately in love with me one day and hating me and wanting me out of his life immediately the next. Sometimes his mood changes hour by hour, minute by minute. I never know what is coming. We are passionate. We continue to be intimate. I currently have no savings, no source of income, no vehicle, no place to go if he forces me out, no one to help me. If I ignore his temper tantrums he backs down and things go on as if normal. He admits to anger issues and sees a psychiatrist. I recognize this isn't a healthy relationship but I am in love with him and do not want to let go. The good times are better that anything I ever dreamed of and he treats me like a queen. The bad times are equally intense. He is mouthy but never physically abusive, I would draw the line there. I need to know what my legal rights to stay in our home are, what would happen if he actually called police to evict me. Please advise asap!!
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
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.
Customer: replied 2 years ago.
He says he found out things about my past and that I trapped him into a relationship that he would not have entered into had he known that I did things he did not approve of. He is a self admitted biggot and says my sins are unforgivable. However, he continued to live with me, be intimate with me, move me into a new home, and marry me after his discovery, so his claims of fraud on my part do not seem valid for annulment?
Expert:  FamilyAnswer replied 2 years ago.
For there to be fraud, he would have to be after something or want to gain something from you, by the marriage. For example, the issue with the bank account and wanting your money and then getting it, only to divorce you.
Customer: replied 2 years ago.
I am not wanting divorce or annulment, he is saying HE can have marriage terminated because I am not the person he thought I was and that I deceived him and that gives him grounds to throw me out immediately.
Expert:  FamilyAnswer replied 2 years ago.
Not the case. He can not just throw you out. That is where you reside and you are a married couple. This is not a landlord/tenant situation where he can simply give you notice. If he wants you out, he needs a court order and for that to happen, would need to file for divorce and ask the Judge to order it.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
if he filed for divorce how much time do I have before he can throw me out of the house? What is legal procedure?
Expert:  FamilyAnswer replied 2 years ago.
Even if he filed, he can not throw you out. He would first need to ask the Judge for sole possession and you would be given a chance to respond and ask to live there or demand temporary support, since you have no income or means to support yourself. The Judge would then decide and give you some time to get out. It is not a situation where he files and the police just show up and remove you.
Customer: replied 2 years ago.
what about his claims of fraud that I deceived him about my past so he can invalidate the marriage based on that? that is why he says he can just throw me out because the marriage isn't valid and he owns the house, nothing is in my name. I think that does not hold weight since he continued to live with me, be intimate with me, move me in to the house and marry me after his discovery, and he says he did it just to prove a point that a man keeps his word no matter what, his word is his bond. So he entered into the marriage knowing he was going to end it immediately. So frustrating trying to figure out how his mind works!!
Expert:  FamilyAnswer replied 2 years ago.
Yes, the points and arguments you made are valid. Had there been an issue, he would not have continued with the marriage and done the things which you said he has done. His claim will likely fail. Again, he can not just throw you out. It needs to be court ordered.
Expert:  FamilyAnswer replied 2 years ago.
Anything else I can answer for you or clarify?
Customer: replied 2 years ago.
i have more research to do about specifics
Expert:  FamilyAnswer replied 2 years ago.
Not a problem. I am happy to respond to any additional questions which you may have. However, I will be signing off shortly, so I kindly ask that you rate my help at this time, so I can get credit for my efforts. If you need to reply, you can do so at a later time on this page. Thank you again.
Customer: replied 2 years ago.
Divorce papers came last night. They were delivered to the residence we share but addressed to me with my maiden name, not married name. The paperwork inside uses my maiden name and lists my address as the previous residence we shared before he bought this house, which is incorrect. My drivers licence has been updated with my married name and address the day we were married - he took me to do it, even suggested getting new license picture taken in my wedding dress but I did not keep the dress on. Is this legal and binding the way it is written?He is again saying he can call police and have me removed citing criminal tresspass and even said he would stab himself with a kitchen knife that has my fingerprints on it and have his ex-wife swear she saw me stab him just so he can get me out of the house. He insists our marriage is not valid because I misrepresented myself, however he continued our relationship and went through with moving me in to a new home and marrying me months after his discovery about my past. He says he planned to make me feel happy and secure and loved just to destroy me with immediate divorce and financial hardship. He says the more I fight the worse it will be for me, he will do whatever it takes to humiliate me and my family by sending xrated pictures and videos to my family, their business associates, neighbors, and anywhere I try to get a job. I have never encountered another human being that behaved this way. He is biggoted and insists my past betrayed him and makes me subhuman so I have no rights.
Expert:  FamilyAnswer replied 2 years ago.
Your legal last name at this time and current address needs to be listed and it sounds as though he did this on his own, trying to show/convince himself of what his false beliefs are, recognizing you as his wife. This can be amended and corrected and you do want to do it, to show where you currently reside and that you had taken his last name. As I shared with you previously, if he is threatening bodily harm to himself, the police need to be called and he can be taken into custody and placed and held for evaluation, to make sure he is not a risk to himself or others. In addition, you live there. The police are not going to cite you, as his wife for trespassing when that is your home and you have evidence to support it. Unless the court order says you need to move, he can not physically remove.

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