My lawyer is filing a complaint and my wife should be served this week. I am seeking a Divorce from Bed and Board due to her alcohol addiction, the effects it is having on the family, the children, and her refusal to separate or go to in-patient rehab. I have previously informed her that unless she goes to rehab and gets sober, the marriage is over.
That being said, what can I expect once she is served? I know that she will have 30 days to respond, but I am more concerned with when will she leave the marital home if the DBB is granted with me as the plaintiff. Will we be living together while she has time to respond? I just am not sure what happens next.
She has 30 days to respond to the lawsuit, but she can request an additional 30 days (for a total of 60 days from the time she is served) to respond, as long as the request is filed prior to the first 30 days from service expiring.
She may voluntarily leave after she is served with the lawsuit and/or consults with an attorney. But she may want to contest it, which would mean she could continue living in the marital residence until there is a hearing/trial on the issue and a judge enters an order granting your claim for divorce from bed and board and ordering her to leave the marital residence.
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