Legal Question in Family Law in Pennsylvania
seperation
i was wondering about the rights i have about asking my husband to leave our home
1 Answer from Attorneys
Re: seperation
PA has been a no fault divorce state since 1980. In the words of the statute, "the marriage has irretrievably broken down". Most people prefer to proceed on that basis as it is generally easier, less emotionally taxing and less expensive.
There are 2 types of no fault, consent and separation. Consent can be accomplished within 5 months assuming all the property is divided. Separation requires that you be separated for 2 years.
Regarding exclusive possession (forcing your husband to leave the house), the main way to do that is by proving fear of physical abuse. Do you have such a reasonable fear?
I trust this answers your questions, but feel free to call or E-mail on a free initial basis.