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spousal eviction

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jacksonmd

Junior Member
What is the name of your state (only U.S. law)? Alabama

My wife and I are anticipating a divorce after 32 years due to her adultry. We, together own a few acres of land and a home with a morgage. Our morgage payment is currently not behind, a few days late, and we have split all bills made jointly each month since the problem has begun. At the present time I do not have my half of the morgage payment due to job slow down. I am also working a second job and she says she is as well. We still live in the same house and now because I don't have the money RIGHT NOW, she is demanding I leave or she will get a eviction notice served. There are no under aged children involved. can she, or does she have the right in this state to evict me.
 


Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Alabama

My wife and I are anticipating a divorce after 32 years due to her adultry. We, together own a few acres of land and a home with a morgage. Our morgage payment is currently not behind, a few days late, and we have split all bills made jointly each month since the problem has begun. At the present time I do not have my half of the morgage payment due to job slow down. I am also working a second job and she says she is as well. We still live in the same house and now because I don't have the money RIGHT NOW, she is demanding I leave or she will get a eviction notice served. There are no under aged children involved. can she, or does she have the right in this state to evict me.
She has no right to evict you without an order from a judge.

Tread very very carefully and get a lawyer, Alabama is the state that enacted a law that entitled only wives to alimony awards until that law was struck down by the US Supreme Court when appealed by a rightous husband.
 

mistoffolees

Senior Member
She has no right to evict you without an order from a judge.

Tread very very carefully and get a lawyer, Alabama is the state that enacted a law that entitled only wives to alimony awards until that law was struck down by the US Supreme Court when appealed by a rightous husband.
Since when? I checked several sites and every one describes the law as gender-neutral.
 

Bali Hai

Senior Member
Since when? I checked several sites and every one describes the law as gender-neutral.
Maybe it is NOW. If it wasn't for a husband taking it to the US Supreme Court, there would still be states where only wives could be awarded alimony.

In fact, state laws specifying the gender of the paying spouse and of the receiving spouse have been ruled unconstitutional. In deciding Orr v. Orr 440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306 (1979), the U.S. Supreme Court ruled that Alabama state law, which specified that husbands may be ordered to pay support to wives, but not vice versa, violated the equal protection clause of the Fourteenth Amendment. The case arose when William Orr, who had been ordered to pay alimony, was taken to court by his ex-wife for failure to pay. Orr's defense included a motion requesting that the Alabama alimony statute be declared unconstitutional. Although Orr was not seeking alimony from his ex-wife, he argued that the award to her would decrease if his circumstances were considered in addition to hers. The Supreme Court decision supporting Orr meant that gender could not be considered in awarding alimony (although even in the 1990s very few alimony awards are made in favor of men).
 

Zigner

Senior Member, Non-Attorney
Are you SERIOUSLY trying to justify your rant with a case that's 30 years old? :rolleyes::rolleyes::rolleyes:

Maybe it is NOW. If it wasn't for a husband taking it to the US Supreme Court, there would still be states where only wives could be awarded alimony.

In fact, state laws specifying the gender of the paying spouse and of the receiving spouse have been ruled unconstitutional. In deciding Orr v. Orr 440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306 (1979), the U.S. Supreme Court ruled that Alabama state law, which specified that husbands may be ordered to pay support to wives, but not vice versa, violated the equal protection clause of the Fourteenth Amendment. The case arose when William Orr, who had been ordered to pay alimony, was taken to court by his ex-wife for failure to pay. Orr's defense included a motion requesting that the Alabama alimony statute be declared unconstitutional. Although Orr was not seeking alimony from his ex-wife, he argued that the award to her would decrease if his circumstances were considered in addition to hers. The Supreme Court decision supporting Orr meant that gender could not be considered in awarding alimony (although even in the 1990s very few alimony awards are made in favor of men).
 

mistoffolees

Senior Member
Maybe it is NOW. If it wasn't for a husband taking it to the US Supreme Court, there would still be states where only wives could be awarded alimony.

In fact, state laws specifying the gender of the paying spouse and of the receiving spouse have been ruled unconstitutional. In deciding Orr v. Orr 440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306 (1979), the U.S. Supreme Court ruled that Alabama state law, which specified that husbands may be ordered to pay support to wives, but not vice versa, violated the equal protection clause of the Fourteenth Amendment.


I see. So the problem is that you're living in the 70s. How is that new-fangled Disco stuff working for you?
 

Bali Hai

Senior Member
Are you SERIOUSLY trying to justify your rant with a case that's 30 years old? :rolleyes::rolleyes::rolleyes:
Be careful of your optic nerve there partner.

I'm sure people like you called Orr's mission a "rant" when he rightfully took his case to the USSC.
 

Tayla

Member
OT:
and statistically state wide (nation wide) women are awarded alimony more then men. So while it may appear that the states *marital* laws are gender neutral, judges still rule in favor of the female.
 

mistoffolees

Senior Member
OT:
and statistically state wide (nation wide) women are awarded alimony more then men. So while it may appear that the states *marital* laws are gender neutral, judges still rule in favor of the female.
Because statistically, there are more families where the couple has elected for the woman to stay home while the husband works, allowing the husband to move upward on a career ladder while whatever skills the woman had become obsolete.

And statistically, even when both spouses are working, the husband is more often the higher income spouse.

And statistically, the husband is more often the one who has been supported through professional school (doctor, lawyer, dentist, etc) by his wife who worked so he could obtain a high paying career.

And statistically, the husband is more often the one in a very high paying job (doctor, lawyer, engineer, etc) - the kind of job where the person is likely to receive 6 figure incomes which are more likely to lead to alimony.

The system does result in the woman receiving alimony more often than the man - but that doesn't mean that the system is biased against men. Heck, over a 4 year period, I'll be paying 6 figures in alimony, but I don't consider that to be due to any bias in the system.
 
Because statistically, there are more families where the couple has elected for the woman to stay home while the husband works, allowing the husband to move upward on a career ladder while whatever skills the woman had become obsolete.

And statistically, even when both spouses are working, the husband is more often the higher income spouse.

And statistically, the husband is more often the one who has been supported through professional school (doctor, lawyer, dentist, etc) by his wife who worked so he could obtain a high paying career.

And statistically, the husband is more often the one in a very high paying job (doctor, lawyer, engineer, etc) - the kind of job where the person is likely to receive 6 figure incomes which are more likely to lead to alimony.

The system does result in the woman receiving alimony more often than the man - but that doesn't mean that the system is biased against men. Heck, over a 4 year period, I'll be paying 6 figures in alimony, but I don't consider that to be due to any bias in the system.
I just wanted to say thank you mistoffolees. Nobody could get the point across better for us stbx wives who have supported our stbx husbands through their career. Sometimes, in the end, things just do not work out. In my case, it was the stress involved with "evolving" through the difficult times in which we both did not do very well with. He did not do a very good job supporting me, nor I with him. But does this mean that it was only I who was not instrumental and should be left without two feet to stand on? I think not.

I could ramble on but there is no need. Do I think that some woman take complete advantage of alimony? Sure I do. But sometimes there are cases in which they only receive enough to survive on and not enough to help better themselves. And then we have those who take the check, only out of spite. And the way Bali would like it to make it seem, this is exactly his case....

Anyways, thanks mistoffolees. I don't know you but I appreciate the support (making our case) you give to us stbx wives.

crazyeights
 

Bali Hai

Senior Member
Because statistically, there are more families where the couple has elected for the woman to stay home while the husband works, allowing the husband to move upward on a career ladder while whatever skills the woman had become obsolete.

And statistically, even when both spouses are working, the husband is more often the higher income spouse.

And statistically, the husband is more often the one who has been supported through professional school (doctor, lawyer, dentist, etc) by his wife who worked so he could obtain a high paying career.

And statistically, the husband is more often the one in a very high paying job (doctor, lawyer, engineer, etc) - the kind of job where the person is likely to receive 6 figure incomes which are more likely to lead to alimony.

The system does result in the woman receiving alimony more often than the man - but that doesn't mean that the system is biased against men. Heck, over a 4 year period, I'll be paying 6 figures in alimony, but I don't consider that to be due to any bias in the system.
Of course you don't consider that as system bias, your christian up bringing imprinted you that it's the "right" thing to do.

In addition to your women libber retoric, when the woman is rarely ordered to pay alimony, you should consider that the just and proper thing to do instead of becoming a bleeding heart comfort cushion.
 

Bali Hai

Senior Member
I just wanted to say thank you mistoffolees. Nobody could get the point across better for us stbx wives who have supported our stbx husbands through their career. Sometimes, in the end, things just do not work out. In my case, it was the stress involved with "evolving" through the difficult times in which we both did not do very well with. He did not do a very good job supporting me, nor I with him. But does this mean that it was only I who was not instrumental and should be left without two feet to stand on? I think not.

I could ramble on but there is no need. Do I think that some woman take complete advantage of alimony? Sure I do. But sometimes there are cases in which they only receive enough to survive on and not enough to help better themselves. And then we have those who take the check, only out of spite. And the way Bali would like it to make it seem, this is exactly his case....

Anyways, thanks mistoffolees. I don't know you but I appreciate the support (making our case) you give to us stbx wives.

crazyeights
Bali Hai's crystal ball says that when enough women paying alimony become a majority, the alimony laws that you now profess to revere will suddenly become unfair to people like you, and, they WILL be changed.
 

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