He told me that he doesn't want to wait 6 months or a year for me to leave, I also have my daughter and grandson living with me. He said that if I don't leave quickly enough he will call the sheriff and have me thrown out. Can he do that or can he force an eviction thru the courts?
I live in vegas, my husband wants to divorce and said I need to leave
- Thread Starter Lynne
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army judge
Super Moderator
He can divorce you.
Only a judge can order you to get out.
He can't evict you, unless there's some type of domestic violence.
It wouldn't be an eviction, per se, but would serve the Sam purpose.
Absent any violence, he can file for divorce.
He'll eventually get it, with or without your assistance.
He doesn't want you.
He'll get you gone sooner or later.
If you're smart, start planning how you'll survive.
You won't be put out tomorrow, but it won't take six months either.
See a lawyer, or just leave before things get nasty. Why hang around where you're unwanted, disliked, and unloved?
Only a judge can order you to get out.
He can't evict you, unless there's some type of domestic violence.
It wouldn't be an eviction, per se, but would serve the Sam purpose.
Absent any violence, he can file for divorce.
He'll eventually get it, with or without your assistance.
He doesn't want you.
He'll get you gone sooner or later.
If you're smart, start planning how you'll survive.
You won't be put out tomorrow, but it won't take six months either.
See a lawyer, or just leave before things get nasty. Why hang around where you're unwanted, disliked, and unloved?
Thanks for responding. I have every intention of leaving but it might take me longer then he would like. There are a lot of things I need to do before I can leave and knowing that he is not able to throw me out takes some pressure off of me while I make preparations for myself, my daughter and my grandson.
I have no intentions of fighting him on the divorce since it's something that I knew had to be done due to his verbal and emotional abuse. He offered me a very nice settlement that I will be able to survive on. He is a very generous man, just too bad that he is an impossible person to deal with. Only 1 way to deal with impossible people anyway, and that is you don't.
Since I have never gone thru a divorce (I was widowed) I have very little knowledge on the subject and that is why I'm here asking questions. I may or may not get an attorney depending on how things go.
I appreciate your advice, but your judgment calls...eh, not so much.
I have no intentions of fighting him on the divorce since it's something that I knew had to be done due to his verbal and emotional abuse. He offered me a very nice settlement that I will be able to survive on. He is a very generous man, just too bad that he is an impossible person to deal with. Only 1 way to deal with impossible people anyway, and that is you don't.
Since I have never gone thru a divorce (I was widowed) I have very little knowledge on the subject and that is why I'm here asking questions. I may or may not get an attorney depending on how things go.
I appreciate your advice, but your judgment calls...eh, not so much.
I found another post that is very similar to mine with the exception that there is no violence involved in my case. Just to clarify your response, would this apply to me as well?
You are a resident in the home and he can not throw you out. There is legal separation in Virginia but it can only be by consent of the parties. If I were you I would call the police next time he hits or threatens you in any way. Get a police report and then go to the circuit court and file for a domestic restraining order. That order can put HIM out of the house and leave you in it.
Let me know if you need more, I use to be an attorney in VA.
You are a resident in the home and he can not throw you out. There is legal separation in Virginia but it can only be by consent of the parties. If I were you I would call the police next time he hits or threatens you in any way. Get a police report and then go to the circuit court and file for a domestic restraining order. That order can put HIM out of the house and leave you in it.
Let me know if you need more, I use to be an attorney in VA.
mightymoose
Moderator
Yes, that applies to you too. .
Proserpina
Moderator
OP, your husband absolutely CAN file immediately and request exclusive use of the marital home. You need to understand that.
DV is not required for such a thing to happen.
DV is not required for such a thing to happen.
Interesting, I had to google that one and yes you are correct, but there needs to be a good reason such as personal safety/violence. Is this your understanding as well?
Proserpina
Moderator
No, they're actually two different things.
Before I respond further though, I need to know how the house is titled. Both? Just him? Just you?
Before I respond further though, I need to know how the house is titled. Both? Just him? Just you?
Betty3
Well-Known Member
Pro, would Nevada being a community property state come into play here in any way?
army judge
Super Moderator
Yes, it certainly does. Didn't research NV, but in TX (community property too), as long as there is no violence both parties are permitted to reside in the home during the divorce proceedings. The judge advises them to peacefully cohabitate.
They are also admonished about their failure to comport themselves accordingly.
Inquiries are made of them as to whether they will abide by that admonishment.
Of course, one or both are free to reside elsewhere.
If things are amicable they usually sit it out to save money, pack their stuff, arrange to eventually move out.
One sometimes thinks he or she has superior rights to the other. Untrue, both possess equal rights to the home, unless the home was owned by one prior to marriage. In other cases, one is anxious to have their latest flame moved in, and the old flame moved out!
Proserpina
Moderator
This may be helpful, Lynne.
http://www.clarkcountycourts.us/shc/divorce/self_help_temporaryorders.htm
(It pertains to Clark County, but it's going to be the same in any county - just check to make sure you can use this format)
(Community property isn't really an issue until the assets are being divided; no matter who owns what, temporary orders can be made while it's all being sorted out)
http://www.clarkcountycourts.us/shc/divorce/self_help_temporaryorders.htm
(It pertains to Clark County, but it's going to be the same in any county - just check to make sure you can use this format)
(Community property isn't really an issue until the assets are being divided; no matter who owns what, temporary orders can be made while it's all being sorted out)
Betty3
Well-Known Member
Pro, thanks for the info on Nevada. I probably could have done a google search myself but thought you might know since you are good at family law.
Proserpina
Moderator
Aw you're welcome 
Anything to help!
Anything to help!
The title is in his name, he had the house years before we were married.
Proserpina
Moderator
Ouch.
Okay, then there isn't a whole lot you can do in the long run. The court can't award you the house, and sooner or later (sooner, by the sounds of your husband) you're going to have to move.
Financially you'd generally be entitled to half the equity gained during the marriage. If you're underwater obviously that's not going to benefit you.
So now you have to strategize.
Out of sheer curiosity, do you have the link to the other thread you mentioned?
Never mind - I found it.
I have no clue what that alleged attorney said that. I know Virginia has some funny laws, but that ain't one of 'em.
Okay, then there isn't a whole lot you can do in the long run. The court can't award you the house, and sooner or later (sooner, by the sounds of your husband) you're going to have to move.
Financially you'd generally be entitled to half the equity gained during the marriage. If you're underwater obviously that's not going to benefit you.
So now you have to strategize.
Out of sheer curiosity, do you have the link to the other thread you mentioned?
Never mind - I found it.
I have no clue what that alleged attorney said that. I know Virginia has some funny laws, but that ain't one of 'em.
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