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CoolMom
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Reged: 04/04/07
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Husband Won't Move out Until Separation is Signed
      #218730 - 04/04/07 09:34 AM

It's been almost three months since my husband and I decided to separate, and he has already rented an apartment. However, there are a couple of items in the Separation Agreement that we don't agree about. His lawyer is advising him not to move out until I sign the Agreement. The situation at home is very tense, to say the least. Is there anything I can do to "make" him move out? The house is in my name, I pay the mortgage, and he hasn't given me a penny in three months. Not even "milk money" for our little son.

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googledad
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Re: Husband Won't Move out Until Separation is Signed [Re: CoolMom]
      #218734 - 04/04/07 09:48 AM

You can't . It"s still the marital residence until you are legally separated or divorced .

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CoolMom
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Re: Husband Won't Move out Until Separation is Signed [Re: googledad]
      #218755 - 04/04/07 10:37 AM

How can I separate then? Sell the house? There must be a way...

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googledad
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Re: Husband Won't Move out Until Separation is Signed [Re: CoolMom]
      #218780 - 04/04/07 11:30 AM

Wait till the sep. agreement is signed , if he refuses to leave then , you can have him legally evicted . If he refuses to sign the agreement you will have to file for divorce and in your petition request exclusive use of the home ( may/may not be ordered ) .

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CoolMom
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Re: Husband Won't Move out Until Separation is Signed [Re: googledad]
      #218894 - 04/04/07 03:05 PM

Thank you for your replies!
I am not sure if I can file for divorce unless we have lived separately for a year. But he doesn't want to move out!! We don't seem to agree on several items in the Agreement and he is staying around (while paying rent for a place elsewhere) to pressure me to sign on his terms!


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googledad
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Re: Husband Won't Move out Until Separation is Signed [Re: CoolMom]
      #218898 - 04/04/07 03:15 PM

Virginia does have some wacky divorce laws , even worse than here in NY ) . It sounds funny but sometimes it's best to use the threat of a divorce filing to minimize that type of conduct . Here's some info on the different types of divorce available:

Grounds
There are two types of divorce in Virginia. A bed and board decree is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to marry another person. A divorce from the bond of matrimony is an absolute divorce that ends the marriage. Either party to a bed and board decree can ask the court to have that decree "merged" into a divorce from the bond of matrimony after one year from the time the separation commenced. Even if the husband and wife agree that a marriage should be ended, "grounds" (valid reasons for divorce prescribed by law) must exist and be proved to the court.

The bed and board grounds are: Willful desertion or abandonment and Cruelty and reasonable apprehension of bodily harm. Desertion or abandonment is a breaking off of cohabitation with an intent to desert in the mind of the offender. Both must combine to make the desertion complete. Cruelty and reasonable apprehension of bodily harm is defined as acts that tend to cause bodily harm and thus render living together unsafe amount to the cruelty that is grounds for divorce. Mental cruelty alone is not normally a ground for divorce in Virginia, but if the conduct is such that it affects and endangers the mental or physical health of the divorce-seeking spouse, this can amount to cruelty sufficient to establish grounds for divorce.

A divorce from the bond of matrimony includes adultery or sodomy, conviction of a felony, one year after desertion or cruelty, and a separation divorce. In order to get a divorce by separation the parties must have lived separately for over one year. A divorce for desertion or cruelty may be awarded after a year has passed from the date of separation. If the husband or wife has been convicted of a felony and sentenced to confinement for more than one year and is in fact confined, the other has grounds for a divorce from the bond of matrimony as long as he or she does not resume cohabitation with the guilty spouse after knowledge of the confinement. Proving adultery is very fact specific. As in all grounds for divorce in Virginia, there must be some corroboration of the testimony of a spouse in proving adultery, and the evidence should be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person although "eye witness" testimony to the acts is not required, in most cases circumstantial evidence may be sufficient.

Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reas

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KDaniel2
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Re: Husband Won't Move out Until Separation is Sig [Re: CoolMom]
      #238641 - 05/22/07 10:31 AM


Anyone going through a divorce, especially one that is "very tense" should have competent legal counsel representing them! It sounds like you don't have any attorney. You need one.

I am a paralegal, so unfortunately I cannot give you legal advice. However, there are circumstances where a spouse can obtain "exclusive use and possession" of the marital residence, as well as child and spousal support, as a form of temporary relief from the courts.

You really should have an attorney before signing anything or before filing anything with the courts. If you live in Northern Virginia, feel free to PM me and I will be happy to give you some local resources.

Good luck! :)
Kevin


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shyeye
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Reged: 11/29/07
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Re: Husband Won't Move out Until Separation is Sig [Re: KDaniel2]
      #326522 - 11/29/07 04:38 AM

i just posted a question on this forum if you wouldn't mind reading it and responding to it i would be so greatful. i'm in need of help and i don't know what to do.

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