Legal Question in Family Law in California
At Wits End.....
I filed for a divorce in October 2001. As of this date the divorce is still pending because the husband feels that it is not the right thing to do, although I seriously want the divorce. When I filed we did not actually separate because we have a management job where we are furnished our residence and he was to stay until everything was finalized. I can not convince him that it is over. I am going to a therapist to sort things out, but my question is.....can I legally ask him to leave, since it is not our home?
3 Answers from Attorneys
Re: At Wits End.....
It sounds like it is time to move your case along. For your own sanity, it may be best to just move out. There are many options otherwise available and they depend on what the rest of the situation is. If you have not previously discussed the issues with an attorney, it may be a good time to spend a few dollars on a consultation to at least find out where to go from here.
Re: At Wits End.....
Well, you can be separated and living in the same house, but this may not be what you want either. If his job furnished the residence, they may not continue to do so if he's not living there anymore--an attorney can review the rental/lease/employment agreements and give you a better answer, but I suspect they may not want to pay to have a non-employee using it and may have the option to end the deal. Still, have an attorney review it, and also talk with an attorney about moving the divorce ahead--if the marriage is indeed over, or there's a good chance of it, you'll want to establish a definite separation date.
Re: At Wits End.....
You can ask him to move out, and he might do so. But he's under no obligation to unless a court tells him to, and that won't happen unless there are some threats or violence. You could move out yourself and then ask the court to order him to begin making spousal and/or child support payments to you.