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Wanting a Divorce

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abaga

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

My brother is wanting to divorce his wife of 2 1/2 years. His wife is an alcoholic and has threatened him several times with physical violence (he has not called the police though). She even had him arrested at one point when she was so drunk that she fell and cut her lip and then called the police (we were there and witnessed this so he had us in court anyway). She later, after sobering up, she wrote a letter to the Judge and he paid 1500.00 in attorneys fees, the charges were dropped. He wants to file for divorce and have her removed from HIS home (she does have her own home as well). She said she will not leave his home. She also thinks he will never leave her.

How can he have her removed from his home and get the divorce going? She is also calling people and making various accusations that have absolutely no merit whatsoever!

So, what can he do?

Thank you for your help!
 


LdiJ

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

My brother is wanting to divorce his wife of 2 1/2 years. His wife is an alcoholic and has threatened him several times with physical violence (he has not called the police though). She even had him arrested at one point when she was so drunk that she fell and cut her lip and then called the police (we were there and witnessed this so he had us in court anyway). She later, after sobering up, she wrote a letter to the Judge and he paid 1500.00 in attorneys fees, the charges were dropped. He wants to file for divorce and have her removed from HIS home (she does have her own home as well). She said she will not leave his home. She also thinks he will never leave her.

How can he have her removed from his home and get the divorce going? She is also calling people and making various accusations that have absolutely no merit whatsoever!

So, what can he do?

Thank you for your help!
He needs to file for divorce and ask for temporary sole possession of the marital residence. That is the only way he can get her out.
 

mistoffolees

Senior Member
Can he obtain a restraining order as well?
She can get a restraining order if she is a threat to him - but there's nothing in the original post to suggest that. Her running around and saying bad things isn't grounds for a restraining order in most cases.
 

LdiJ

Senior Member
Can he obtain a restraining order as well?
He would have to prove that SHE is a danger to HIM. He doesn't have any evidence of that at this point. Its much simpler just to file for divorce and ask for temporary possession of the marital residence.
 

abaga

Member
What violence? There's nothing in the thread that suggests that any violence ever occurred.
A couple of days ago, she fired a gun towards him and his dog. A bullet did discharge that she claimed she did not know. He did not call the police, and we have berated him repeatedly about this. He knows to call if Gd forbid something does happen again if she is around. We are all quite concerned.
 

mistoffolees

Senior Member
A couple of days ago, she fired a gun towards him and his dog. A bullet did discharge that she claimed she did not know. He did not call the police, and we have berated him repeatedly about this. He knows to call if Gd forbid something does happen again if she is around. We are all quite concerned.
It would have been helpful to have that very relevant information right up front.
 

abaga

Member
It would have been helpful to have that very relevant information right up front.
I apologize...I was trying to put everything in, and did leave this out, and I do realize that this is very important. We are all just very worried, stressed and quite anxious over all of this. He did sleep at one of our sister's the other night, but chose to go back to the house last night because he doesn't want to risk losing HIS home to her! He is concerned that if he leaves the house, then he is risking the courts saying he abandoned the home and then it will be turned over to her, even though it was his LONG before she ever entered his life and she has not contributed one penny to it, and that can also be proven (however, that probably doesn't make one bit of difference in the eyes of the law).

Again, I do apologize for omitting this information. It was not intentional.
 

mistoffolees

Senior Member
I apologize...I was trying to put everything in, and did leave this out, and I do realize that this is very important. We are all just very worried, stressed and quite anxious over all of this. He did sleep at one of our sister's the other night, but chose to go back to the house last night because he doesn't want to risk losing HIS home to her! He is concerned that if he leaves the house, then he is risking the courts saying he abandoned the home and then it will be turned over to her, even though it was his LONG before she ever entered his life and she has not contributed one penny to it, and that can also be proven (however, that probably doesn't make one bit of difference in the eyes of the law).

Again, I do apologize for omitting this information. It was not intentional.
As you were told above, the fact that he didn't report it makes it less useful. I would not say it's useless, though. If he tells the police that she pulled a gun and fired shots, and she doesn't deny it, it would help his case. In addition, even if she denies it, the judge has to assess each of their credibility, so if he's more credible, it will be useful.

In any event, moving out does not necessarily hurt his ability to get the home. What he needs to do is file for divorce and request sole use of the marital home. If he owned it before the marriage and there are no kids, odds are very much in his favor.
 

abaga

Member
As you were told above, the fact that he didn't report it makes it less useful. I would not say it's useless, though. If he tells the police that she pulled a gun and fired shots, and she doesn't deny it, it would help his case. In addition, even if she denies it, the judge has to assess each of their credibility, so if he's more credible, it will be useful.

In any event, moving out does not necessarily hurt his ability to get the home. What he needs to do is file for divorce and request sole use of the marital home. If he owned it before the marriage and there are no kids, odds are very much in his favor.
He is going to meet with an attorney to file. We, along with his friends have been telling him this for a long time now. He owned the house for years before meeting her.

They do not have children, and in fact, have only been married for about 2 1/2 years. This behavior has been going on for much of this time! We just want him out, for him to be safe and secure and for him to be able to move on with his life!

Thank you again!

Once again, I do apologize for the unintentional omission.
 

LdiJ

Senior Member
I apologize...I was trying to put everything in, and did leave this out, and I do realize that this is very important. We are all just very worried, stressed and quite anxious over all of this. He did sleep at one of our sister's the other night, but chose to go back to the house last night because he doesn't want to risk losing HIS home to her! He is concerned that if he leaves the house, then he is risking the courts saying he abandoned the home and then it will be turned over to her, even though it was his LONG before she ever entered his life and she has not contributed one penny to it, and that can also be proven (however, that probably doesn't make one bit of difference in the eyes of the law).

Again, I do apologize for omitting this information. It was not intentional.
He honestly doesn't have to worry about the court taking his house away from him. Yes, there could be some marital equity in the home but only the equity that accrued during the marriage...however he would also be entitled to any equity that accrued in her home as well during the marriage, and in today's housing market, its not very likely that much equity, if any, accrued in either home during the last 2 1/2 years.

That is assuming of course, that he didn't add her name to the deed.

The worst he is looking at is her getting temporary possession of the home, pending the finalization of the divorce, and even that is unlikely since she has a home of her own that he can move into.

He needs to be more concerned for his safety at this point. He isn't going to lose his home.
 

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