1stimer
recently joined
Reged: 01/14/08
Posts: 17
|
|
Married 8 years in Oklahoma with a five year old son. Wife says she no longer loves me, wants a divorce and wants me to leave. We are renting a house from her parents with no signed lease or arrangement. She has taken our son and is staying at her parent's. I have nowhere to move to and no money to rent another place with deposit and additional bills. We were barely making it with all of us in one home. She plans on going on welfare after I leave/she kicks me out.
My question is when can she legally make me leave? I've read where if I do leave voluntarily it could be construed as abandonment.
I do not want a divorce - I still love her and feel a divorce would be detrimental to our son's well-being -- she's refusing counseling. Also can she legally leave as she has with our son?
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
Yes
--------------------
GO CUBBIES!!!!
|
1stimer
recently joined
Reged: 01/14/08
Posts: 17
|
|
Quote:
Yes
Please excuse - but "Yes" to what?
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
You can't be as young as you sound.. you have been married for 8yrs!
"I've read where if I do leave voluntarily it could be construed as abandonment."
------> How in the name of sanity, could it be abandonment?
1. Your wife has left you. She cannot turn around and say you "abandoned" her because you moved.
2. Your domicile belongs to her parents. It is not your asset. Asset abandonment would imply that you own the asset in question. You don’t…
You are a squatter. You have NO lease, NO rental agreement. You have no right to be there.
Your wife and her family do not have to go through a formal eviction process. They just call the sheriff and you leave.
--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato
|
1984raider
member
Reged: 08/13/07
Posts: 189
|
|
Do you have a job?
--------------------
If they could have gotten along then they would not be divorced.
|
1stimer
recently joined
Reged: 01/14/08
Posts: 17
|
|
Yes I have a job - I run a marginally successful website and do freelance work as well. And I'm not young at all -- over 50 -- this is my first experience with divorce. The rent is paid thru the end of the month with funds from our joint checking which was my money as well as hers. She left the marital household - I don't plan on leaving until served papers stating same. I have yet to be served any papers. As far as the no lease or rental agreement that is correct and I've read that it is therefore considered a month-to-month lease as I was here as well as her -- so how am I considered a squatter just because she wants me to leave???
|
googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
|
|
To be precise , your wife can't evict you , her parents can but only after the current month ends . This would be done by serving you with a Notice of Termination of Month-to-Month Lease . On Feb. 1 , they can begin eviction proceedings .
--------------------
Careful. We don't want to learn from this.
|
1stimer
recently joined
Reged: 01/14/08
Posts: 17
|
|
So does she have to serve divorce papers with a clause or whatever it's called stating who leaves and who stays before I would have to leave before the end of the month or even until I got an eviction notice? I'm guessing she's got the papers coming...
|
1984raider
member
Reged: 08/13/07
Posts: 189
|
|
Take next check you get and hire a lawyer after interviewing them to find the one you like.
Well I would take the next paycheck after lawyer and get you new place to live and get utilities in your name. If the old place has utilities in your name, I shut them off when you move out and have them send a final bill to you. I get you P.O. Box to recieve all your mail. They makes sure you get you mail.
However, I would not pay any more bills related to rental proprety unless they are your name. You may have pay later for them but judge would make that decision.
You need take care of you.
--------------------
If they could have gotten along then they would not be divorced.
|
1stimer
recently joined
Reged: 01/14/08
Posts: 17
|
|
Thank you all for your advice - you're being very helpful as I haven't a clue how to proceed... but I'm a quick learner 
Does anyone know a great lawyer in Oklahoma City?
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
