Divorce


#1

What if I want to get divorce from my wife, but neither of us want to move out of the house? I told her that she could buy the house, and then i will move out. But she doesn’t want to go to a bank to find out if she qualifies. If I move out I can be charged with abandoment.

Also, her family is coming back from Seattle. Can I stop her son from moving in if he has his own family? Can I just call the cops? I don’t want them to live with me.


#2

You cannot get a divorce unless you live separate and apart (in different houses) for one year and one day. There are no exceptions.
If you move out, a claim for abandonment will not carry any weight if you ensure she has the necessary support to live.
I am not sure what the police will do if you prevent your stepson and his family from moving in. You and your wife have equal rights to the home.


#3

He is 29 and has a family. Does that mean I am responsible for a 29 year old man and his family!


#4

No you are not responsible for him or his family.


#5

If my wife son who is 29 and his family come back and want to stay. Can I refuse to let them stay? If they insist can I call the cops. If they can’t do anything can I take his bags nicely to the side of the curb and ask them to leave? I am going to tell my attorney that I just don’t have the money to take care of his family. If they want to take it in front of the judge then fine. I will tell the judge that I am on disability and don’t have the finances to take care of him. Would this be advisable?


#6

As I said before, I do not know what the police will do in this instance, nor can a predict what a judge would do. Since you are not separated you each have equal rights to the home.