Married for 3 years no children .Husband moved out .Lease is in his name .
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
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.
TO ALL QUESTIONERS: I provide this answer in an effort to assist and guide only. The answers are qualified further by you providing the full and complete facts and background or not, and by the space limitations of this forum. The answer does not serve as a substitute for a live sit-down with an attorney. In no way is any answer to be construed as a formal giving of legal advice nor is an attorney-client relationship formed. You are not permitted to quote or refer to answers given in any court pleading or hearing. TO QUESTIONERS FROM WV & NY: Although I am licensed to practice in your state, be advised that I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. Being licensed to practice there, however, does not provide me with the detailed knowledge of local procedures and practices that comes from day-to-day work. It is always best to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
You must file an answer and counterclaim as quickly as possible and consult an attorney about your questions and seek a date for temporary orders as quickly as possible. And the orders you request should reflect what you want and what you need so the court can rule on those needs and requests.
NOTE: This preceding message DOES NOT...
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline