My wife wants to end our marriage out of the blue. We have 3 kids, I want to work it out (she recently got off anti-depressants) and I think it may blow over or we can work it out. She is constantly talking about "having me served" to others. I've been nice about it but make it clear I want to stay and us work on marriage. My understanding (from reading online) is that there is nothing she can do while still staying in house other than try to engage me in settlement agreement talks. Anything else would involve her having to move out (in the process opening up a potential abandonment claim) before she can get a court case. Is this right? I think she just doesn't understand the process despite her having an attorney and I don't.
What you indicate is essentially true with at least one big caveat: if she alleges that you have committed acts that are fault grounds for a divorce from bed and board, some judges in some counties believe they have the right to force you out of the house. In addition, there is now some authority in this State that says that a judge in certain situations can grant custody and/or support while you are still living together. I have found that the law in this regard varies from county to county, district to district. You should absolutely consult with a local attorney to see his/her idea of what your local judges do, as the practice is not uniform. By all means try to keep the marriage together, but make sure you protect yourself in the meantime, because you do not have total control of the situation. Best of luck.
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