Stay or Go?


#1

I need to understand the implications of the way a separation is initiated. I have received conflicting opinions from different attorney’s.
My case involves adultery which I have the evidence of, spouse is unaware of this
Can someone please tell me the implications of separating under these 2 different scenarios

Scenario A : Problems come to a head - a fight ensues, lots of anger and verbal abuse - I leave with child on the grounds that I don’t feel safe - contact attorney who files suit immediately - a few days later he is kicked out of the house (the problem with this is 1 - he’s been in the house with my things for several days and 2 - could I lose the house because I’m the one who left?)

Scenario B : Peacefully ask for a trial separation “time to think” and when he voluntarily leaves - file suit. (Will this option keep him out of the house?)

I will have retained a lawyer in advance of carrying out one of these scenarios so that the suit is ready to go.
Is there something I’m missing? Is there another way to get him out?


#2

Not an attorney

I’m sorry to hear about your situation. I had a private investigator collect a myriad of evidence against my wife for adultery too…I even slept in the same bed (albeit as far away as possible) with her for over 2 months, knowing what she was doing that day with other men, so as not to raise alarms.

My point is that you need to be prepared to have superhuman patience during what can turn into a lengthy process, even the separation alone. When I retained an attorney, the first papers that were filed were complaints for child custody/support and divorce from bed and board.

Ask your attorny specifically about the divorce from bed and board and read up on it on-line.

She is now attempting to get her second 30 day extension to answer the complaints, after the initial 30 day period once she was served. That’s 90 days she’s buying herself…and she’s still in the house. While the only real answer I can give you is to consult your attorney, as they’ll lay out your options, I wanted to speak more toward you preparing yourself mentally for what likely won’t be a matter of days…but more likely weeks. Hopefully not months. Good luck and keep your cool!

Kal