Going Through A Divorce

When there are assets involved in divorce, it can be really hard to focus on what is right and what is wrong in a divorce. Granted, there are going to be mixed feelings towards each other and it is not always going to go well for you. That is why it is always best to call it quits before you file for divorce. However, what do you do when your husband or wife won’t leave the house? Such is the case in the following letter:

Solomon says,
I have a friend that is going to file for divorce and she has been trying to get her husband to leave her house and he won’t. What should she do? Can she put a restraining order on him to get him out?

Solomon, your friend has many possibilities that she is going to be able to do. Whenever there is a divorce in the process, the best thing to do is for them to live in separate living courters. There are several things that you friend is going to have to do in this situation. When you have a spouse who is unwilling to move, you are going to have to get the law involved. It is not anybodys right to simply toss the things on the front lawn, like you see in the movies. There are many rights that the husband is going to have to that home. However, this is what you are going to do if you want that process to be a lot quicker:

• Temporary exclusive occupancy – This is free to file and you will be able to have the court recognize it. They don’t want you to live with someone in hostile living conditions. This will make him leave. There are some states that require that you give him 30 days to get out and the court will have that information. You can go to court and get an order of this and you are going to be able to have a form filed as easy as that.
• You are the owner – If the home was owned by you before your marriage and is in your name alone, you just need to tell him to pack up but once again, follow the 30 day clause. If the home is jointly owned, then you cannot force him to leave since he is an owner as well. If you want him to leave and he won’t, you need to go to court to get sole temporary residence of the home while the divorce is pending.
• Always be prepared – Once the file for divorce is ready the attorney can make a motion for exclusive occupancy of the home, forcing him to leave. It is a long process that can be shortened if you have the right amount of time to make sure that everything is good. Understanding the rules of the divorce proceedings can be easily done by asking your lawyer.

In everything that your friend is going to do, they have to make sure that they have everything that they need. It is not hard to get your case heard if you have the right documents that you are going to need in your case. It often comes to the point of whether or not you are going to be able to get through it all or not. Your friend has many rights already and it is simple to say that they are going to win the case if they own the house. It can be a hard process but it makes for peaceful living conditions.

Your friend has a right to everything that is in the clause. When you have the 30 day clause, you protect yourself from any future lawsuits with the ex. You never can really know if everything is going to be alright or not unless you cover all the basics and get all the documentation that you are going to need. Good luck and hopefully everything works out well for your friend. Always remember to cover your basics and make sure that your lawyer knows what forms you want to fill out and which action you should take in the matter. Divorce is never fun, but at least you can make it less stressful on your part.

[podcast]http://www.lawadvicenow.com/wp-content/uploads/2010/08/going-through-a-divorce.mp3[/podcast]