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Ask LawTalk Your Own Question
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and my goal is to provide you with excellent service today.
Perhaps your question didn't post for some reason. What aspect of family law is it that you need to know about? How can I help you?
Customer: replied 2 years ago.
Divorce. Put wife through expensive rehab last year but is back at drinking heavily. Very abusive and nasty. I neeed to know how I can have her removed from the home and proceed with divorce. I have lived here for 35 yrs, she moved in when we married in 1996. Se only worked about 6 months of our entire marriage, we both have one adult child not living with us, no children together. I am 60 she is 54. Can't stand the nasty treatment and attitude anymore.
Expert:  LawTalk replied 2 years ago.
Thanks for the clarification.
I certainly empathize with what you have been going through, and I agree it sounds like it is time to make a clean break and get out of the situation.
In order to force your spouse to relocate from the marital home it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home. As the home was your before marriage, and presuming that you didn't make a gift of the house to her stringing the marriage, you will expect to be granted the order.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing, because you can expect that your wife will ask the court to order temporary alimony/spousal support. What occurs at the Temporary Hearing often signals what will happen after the divorce, and so it is important for your future that you do well at the Temporary Hearing.
With no children, child support will not be an issue.
Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is possible that the judge will order spousal support, for at least a number of years.
Issues the court will generally look at in determining spousal support include:
1.The present respective incomes of the parties;
2.The education levels and earning capacities of the parties;
3.The ages and the physical, mental and emotional conditions of the parties;
4.The duration of the marriage;
5. Whether either party will be caring for children of the marriage;
6. The standard of living established during the marriage.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Customer: replied 2 years ago.
thank you very much, will get back with you at a more convenient time, maybe by phone next time thanks!!
Expert:  LawTalk replied 2 years ago.
Thank you for your kind words. They are appreciated.
Please keep in mind that even though you have already paid your deposit money over to JustAnswer, or you may be a subscriber, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
Thanks again.
I wish you the best,