Legal action before physically separating


#1

Wife wants to end a marriage, I do not. Marital house was my pre-marital house, we have kids. Its obvious from what she + her family has told me that her attorney has told her to not move out (previously told her that do not move out under any conditions) and she has conceded I will keep the house. A couple weeks ago she was telling friends “her attorney is having me served” (never happened, her sister later told me that it was referring to delivering a settlement agreement proposal to me) and now this weekend “her attorney is filing this week”. I was under the understanding that there is nothing they could do until she physically moves out. What actions could she be taking at this point? I have been stalling b/c I thought it was best if she moved out without my permission (possibility of abandoment claim), to prepare finances, and it appears to be making her mentally unstable (which my help my custody case).


#2

If the two of you still live together then only thing she could file for is child custody and support.


#3

Thanks, I no idea she could file for custody when we are still married and living together! I had always heard the opposite. So there is there a quick hearing for this? Am I going to be notified and have a chance to get counsel before a court date?


#4

Is this a precedent or law change that has just been done recently? This was from 2010 in the forum:

"You cannot file for ED or custody while you are living together.
I cannot say what a judge would do in any one case.
Erin E. Clarey
Attorney with Rosen Law Firm "


#5

Have a little faith, cdavis. Rule changed with a 2011 case, Baumann v. Baumann.