My wife won't leave


#1

3 years ago I married a person from another country, all was well until I discovered she was seeing someone, a few days later she moved out (for about 10 days).

I thought maybe we could resolve things and she moved back in, now I realize she is more interested in staying in this country than working on our marriage.

As he english is poor it has been hard for her to find work all this time (and she is too picky on what she will work at) so I have been supporting her and her child.

Now she seems completely content to just live with me.
I suspect she is still having contact with the guy.

I know now it was a huge mistake to take her back but, what can I do now to get divorced if we can’t even separate?

She does not want to move back to her home country.

  • at a loss

#2

If you have the money to leave, you may need to leave to initate the separation. If you really don’t feel like you can afford to do so, you may want to file a divorce from bed and board, but you will have to prove she is guilty of a marital fault, such as adultery, habitual drunkeness, etc. You cannot use her prior adultery since you allowed her to come back into the home after you learned of the affair. However, if you have proof she has resumed this affair, or another affair, then you can try for a divorce from b&b. Be aware that the process for a divorce form b&b can take six months or longer, and the judge doesn’t have to force her to leave. It cuts off certain inchoate estate rights between married persons. As it is a judicially enforced separation, you are still legally married and will need to proceed with the divorce separately. My advice is to take the simpler route and move out yourself, even if you have to stay with friends/family initially.


#3

If I were to move out, what obligations would I have to maintain utilities such as the power and gas?

Hardly seems fair for me to pay not only the house payment but also provide AC and cable.

Thanks for your response.


#4

Yes, you can shut off the utilities. Her only recourse against you if you do this is to file a claim for alimony and post-separation support.