My advice is don’t believe anything he says until you see legal paperwork from his attorney. He can (and probably will) say anything to you that he thinks may scare you or worry you. Sherriff’s deputy or not, he still has to go through the legal system too. I don’t believe his lawyer can send you anything personally if you already have a lawyer. His lawyer, I BELIEVE, has to send anything legal to YOUR lawyer. As long as you have a retained lawyer and haven’t formally dismissed them, then any legal actions go through them—then your lawyer forwards to you.
Now as far as the adultry thing goes. If you haven’t done it, don’t worry. He would have to have evidence to that affect. If he has emails, then I suggest you do not email that person any more…especially if the emails show that this person may be advising you to leave.
I don’t think he has a case for Divorce from Bed & Board. I don’t know what ‘litigation’ he is talking about, but there may be something his lawyer can do. BUT you have a lawyer too. Make sure he/she is a good one and tell your husband to send whatever paperwork to your lawyer.
From what I understand, he can’t kick you out without just cause. Don’t be intimidated by him, and don’t worry until you have reason (ie: you get a call from your lawyer and he says ‘I need to see you’). Even then, don’t worry. Let your lawyer do his job. You just protect yourself.
If you have not committed any of the actions that would entitle him to a divorce from bed and board then there is nothing he can do to make you move out, likewise there is nothing you can do to make him move out.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Divorce from Bed and Board is fault based. If either of you has committed adultery, this is grounds for the DBB. Other grounds include abandonment, willful abuse, neglect etc. Look these up and see if you have anything to use against him with proof, of course. Then you can file for DBB and this will be a “legal” separation of sorts.
You do NOT have to “obey” any letter from any attorney with the exception of a subpoena and even a subpoena might mean nothing! Only a judge can order one party out of the house. However, with both of you in the house, you have not separated yet. All attorneys at the beginning of a divorce inform their clients to stay in the house! You need to ask your attorney what your options are in order to get your husband out. It appears you do have to go through the Court System. Good luck!
If you have the kids and can afford to stay in the house and want to do that…DO NOT LEAVE…AND DO NOT LET HIM BULLY YOU. I made the mistake of leaving my house with the kids eight years ago and still regret it to this day. If you have kids you really have more reason to stay in the house to maintain stability for them.
Tell him if he doesn’t like there is the door and don’t let it hit him in A** when he leaves.
Sorry for the bluntness but men who are in positions of authority like police lawyers etc. piss me off when they try to do stuff like this.
And btw, sending an email is not adultery. You haven’t done anything wrong do not let him scare you with his threats.
My husband and I have decided to seperate, but neither of us wants to move. We both have attorneys, but nothing has been done yet. He said his attorney is sending me a letter telling me to move or they will proceed with litigation. Under what circumstances can he make me move? We have 2 children - ages 6 and 2. I’m the primary caregiver, I’m the primary breadwinner and can afford to stay in our house, he cannot. He is telling everyone that I have committed adultery, but I have not…unless adultery means emailing someone that I knew 15 years ago. He is a sheriff’s deputy and thinks he is above the law.
I’m just curious what under what circumstances the court would force one person to leave over another. I’ve read about divorce from bed and board, but I don’t really understand the situations that would call for that. Any help?