[i]Originally posted by sweetlyrical[/i] [br]My soon to be ex is the one that filed for the separation. Does he really need to move out of the house?
For financial reasons I think he should stay here. I mean he has to pay the mortgage on our house AND rent at a new place too?
Somebody has to pay the mortgage until the house is sold. Whether you or your STBX couchsurfs or rents a new place is up to y’all.
The man is trying to borrow money from people so that he could have the rent and security deposit to put down on an apartment.
We need to put the house up for sale and we need the money to fix up the place so we could sell it.
If he has to pay rent and mortgage and gas and electric for both places, how in the world are we going to be able to afford the renovations?
I don’t work, I am a stay at home mom and personally, during the separation, I would rather him stay here in our home.
It might be a good idea for you to get a job.
Standards of living usually drop for both parties during and following a divorce, and alimony/PSS + child support won’t necessarily cover all the bills, either.
We already sleep in separate rooms.
Does he need to prove to his lawyer that he is not living with me?
Usually, attorneys will take their clients at their word, because it’s never in the client’s interest to lie to their attorney.
Doing so can make the job of representing you much more difficult, and can result in vastly increased legal fees sorting out the mess that it can create.
He was told that he has to be physically out of the home in order for it to be considered a separation and in order for him to be able to divorce me after the year is up.
That is correct. Separate rooms doesn’t meet the definition of “separate and apart”, as far as NC is concerned.
What if we lie to our lawyers and tell them that he is living somewhere else? Do they check?
I don’t think they check.
However, just because attorneys don’t (usually) check, it is still a very bad idea to lie to one’s attorney(s).
And it can open a very nasty can of worms down the road.