You can still go through with the filing of the divorce even if your husband is living in the house. You need to file the Petition and the Summons and have him personally served first. Then you should file a motion with the Court asking for the Court to make a temporary determination about who should be allowed to live in the house. There is no presumption that either the wife or the husband gets to stay in the marital residence. That is a decision for the judge to make either at the initial status conference (ISC) or at a temporary orders hearing. Right now, there is no way to "evict" your spouse from the property, assuming that the property is held in both of your names and it is marital property. Please hire an attorney in the Springs to assist you through this process.
I agree with Mr. Leroi as usual. All I would add is that if there is a basis for a restraining order (imminent threat to your life or physical or mental health) as that would get him out. A lawyer is very helpful in these cases as we can talk to him as to why it is in his intest to leave. Hope this helps.
You can reach Dave Rich at (303) 886-2516 or email@example.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
Married people file for divorce while still residing together all the time--that isn't an impediment to the filing. The occupancy of the marital residence is just one of many issues that must be resolved during the process of the divorce. It is in your interests to speak with a local attorney as soon as possible so you can learn about all your rights, options and obligations before you take any further action. Good luck!
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There are some judges who will not grant a final divorce decree if you are still living with your spouse. If you are in front of one of those judges and you want to go through with the divorce, you can ask for temporary orders to determine who will have possession of the house until the final decreee enters. If the issue is going to be constested, you should consider hiring an experienced family law attorney.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I've had a number of cases where the parties continue to live together throughout the divorce proceedings and even after the decree of dissolution enters. I suggest you get advice from an attorney rather than from friends, family, or acquaintances. Some attorneys will offer a free initial consultation. Only an attorney can provide legal advice.
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