DIVORCE question....

[dvestal]

What is the name of your state? VA

Here's the scenerio....Husband and wife are seperated for 6 years without filing for divorce...Husband stays in the family residence with their two small children while wife goes and does her thing...after six years the wife decides she wants to come 'home' and the husband agrees. She moves back in but has no physical contact with her husband and generally makes his life miserable (basically having no intent to act as his wife)....Husband says enough and wants her out...She agrres they should divorce but says she is not moving out, that it is her house too. He says he wants her out or he will force the house sold in the divorce....the question is What rights does he have? Can he force the house sold? Or atleast make her buy out his share? Is there a special law protecting the sale of the family home because of the kids? Since he did allow her to come back does that mean they officially reconciled and what ever happened over the six years has no legal bearing? Can he say she never really intended to reconcile the marraige because she came back and didn't attempt to act as his wife? Basically she wants a divorce but for them to live together as 'friends' for the kids sake...I say get her ass out....she had her fun for six years and now she wants HER house back....

 

[yfw2]

I live in Tennessee. Can someone get a divorce without the other person knowing?

I have a friend who is not happy with his marriage. He wanted to know if there is anyway that he can get a divorce without his wife knowing about it?

 

[stealth2]

What is the name of your state? VA

Here's the scenerio....Husband and wife are seperated for 6 years without filing for divorce...Husband stays in the family residence with their two small children while wife goes and does her thing...after six years the wife decides she wants to come 'home' and the husband agrees. She moves back in but has no physical contact with her husband and generally makes his life miserable (basically having no intent to act as his wife)....Husband says enough and wants her out...She agrres they should divorce but says she is not moving out, that it is her house too. He says he wants her out or he will force the house sold in the divorce....the question is What rights does he have? Can he force the house sold? Or atleast make her buy out his share? Is there a special law protecting the sale of the family home because of the kids? Since he did allow her to come back does that mean they officially reconciled and what ever happened over the six years has no legal bearing? Can he say she never really intended to reconcile the marraige because she came back and didn't attempt to act as his wife? Basically she wants a divorce but for them to live together as 'friends' for the kids sake...I say get her ass out....she had her fun for six years and now she wants HER house back....

I believe her moving back turns the clock back to the beginning. I know sometimes its required that the family home is maintained until the kids are grown, but I don't know if that's a state law in some states, or simply the way some orders are written. If this was the marital home, BOTH of them have a right to a share of the equity, although your friend might be able to negotiate a higher percentage due to those 6 years. But one way or another, it's an asset that will be divided. If he wishes to stay in it with the kids, he'll have to either trade off some other asset with her, or buy out her share. If he wants to move with the kids (I'm assuming he plans to file for custody), she'll have to do the same for him. If neither has money or assets to buy the other out - the house will likely have to be sold and the proceeds split.

 

[stealth2]

Re: I live in Tennessee. Can someone get a divorce without the other person knowing?

I have a friend who is not happy with his marriage. He wanted to know if there is anyway that he can get a divorce without his wife knowing about it?

No. Although she doesn't have to agree to the divorce, she does have to know that he's filed and it's going to court. Why would he want to be so sneaky about it anyway? If he's unhappy, he should be an adult and end his marriage the right way.