Husband files for divorce and moved out
Wife is dependent on husband and working hourly.
Husband send notice to cancel lease and asking wife to move out .
1) Should wife move out or can continue to stay she is dependent on him?She has no other options yet to move out.
2)Once husband files divorce papers , wife will contest it .How long the case can go , any duration? Can she stop the divorce if there are no solid ground or reasons?
3)what will wife do for her living until divorce ,her earning is not enough.Can we get Husband support her?
4)Can we get husband pay for wife attorney fees ?
Thanks in advance
2 attorney answers
ANSWERS IN CAPS.
Husband send notice to cancel lease and asking wife to move out . HE CAN'T DO THAT. ONLY LANDLORD CAN EVICT. WIFE NEEDS TO GET INTO COURT FOR A TEMPORARY ORDER AND SEEK EXCLUSIVE POSSESSION OF THE APARTMENT.
1) Should wife move out or can continue to stay she is dependent on him?She has no other options yet to move out. PERHAPS SHORT TERM, BUT CERTAINLY LONG TERM, WIFE WILL LIKELY BE LEAVING THIS PLACE, IF FOR NO OTHER REASON LEASE WILL EXPIRE. IF BETTER TO MOVE NOW, AND YOU CAN DO SO, THEN DO IT.
2)Once husband files divorce papers , wife will contest it .How long the case can go , any duration? DEPENDS ON IF/WHEN YOU COME TO AGREEMENT. WITH NO KIDS OR ASSETS, THAT IS WHAT SHOULD HAPPEN. BUT IF IT WENT TO TRIAL? 1.5-2 YRS. Can she stop the divorce if there are no solid ground or reasons? NO. WE HAVE NO FAULT DIVORCE. AS LONG AS ONE PARTY TESTIFIES THAT THERE HAS BEEN AN "IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE WITH NO HOPE OF RECONCILIATION", IT WILL HAPPEN.
3)what will wife do for her living until divorce ,her earning is not enough.Can we get Husband support her? PERHAPS, A MOTION FOR TEMPORARY ORDERS WILL NEED TO BE FILED. BUT IN A SHORT TERM MARRIAGE, ANY SPOUSAL SUPPORT WILL ALSO BE SHORT TERM. DEPENDS ON ALL THE FACTORS THE COURT CONSIDERS FOR GENERAL OR TRANSITIONAL ALIMONY.
4)Can we get husband pay for wife attorney fees ? AGAIN, PERHAPS. NEEDS TO BE ASKED FOR IN COURT. DEPENDS ON FINANCIAL DISPARITY BETWEEN THE PARTIES.
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