If you are acquiring a legal separation, is it necessary for you to leave your house and stay elsewhere and your still paying bills both placesif the house is solely in your name or can you have your spouse legally evicted for an undisclosed period of time? i have no children with her. The house is totally in my name.spouse is not receiving mail at my house her mail goes elsewhere and nothing is in her name. She doesn’t pay any bills and stays sparatically. What are my rights? Do I really have to leave my home in order to get a legal separation?
You don't have to leave your home but ONE of you has to leave and stay gone if you want to get a divorce based on one year of seperation. You both have to stay apart for >365 days. Each time she returns to the marital home and spends the night that resets the clock. As with any divorce proceeding, you should definitely look into speaking with a lawyer at the minimum if not actually retaining one to represent you. If you try and do it alone, it tends to cost more in time or money.
Best of luck to you!
I am a lawyer. I am not your lawyer. The above information is given for reference or informational purposes only and should not be relied upon as legal advice nor does it represent an attorney/client relationship.
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