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Divorce when other spouse won't leave

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G

Genessee

Junior Member
This event is in Georgia.
I am not a party to this event.

If a husband wants a divorce because his wife because she is currently having an affair but she is unwilling to leave the home, what are his options?

They have four school age children, they are unable to sell their home in the current market without being "upside down"
Ideally, the spouse that is having the affair would get an inexpensive apartment until they are able to sell the home, but the wife will not agree to this.

She continues to have affairs and leave the home as soon as her husband arrives home from work and not return until the next morning. She encourages him to get a girlfriend, which he will not.

He doesn't want to throw her out because he wants them to have joint custody and maintain some sort of stability for the children. He also doesn't want to leave his home and children because with her erratic behavior he is concerned about the welfare of his children if he is not there.

What can he do to encourage his spouse to leave so he can proceed with the divorce?
 


W

WittyUserName

Senior Member
Why doesn't he just file for divorce and ask for temporary custody of the children and use of the marital home? She doesn't have to leave until she's ordered to by a judge.

Maybe Dad doesn't want to get divorced.
 
LdiJ

LdiJ

Senior Member
Genessee said:
This event is in Georgia.
I am not a party to this event.

If a husband wants a divorce because his wife because she is currently having an affair but she is unwilling to leave the home, what are his options?

They have four school age children, they are unable to sell their home in the current market without being "upside down"
Ideally, the spouse that is having the affair would get an inexpensive apartment until they are able to sell the home, but the wife will not agree to this.

She continues to have affairs and leave the home as soon as her husband arrives home from work and not return until the next morning. She encourages him to get a girlfriend, which he will not.

He doesn't want to throw her out because he wants them to have joint custody and maintain some sort of stability for the children. He also doesn't want to leave his home and children because with her erratic behavior he is concerned about the welfare of his children if he is not there.

What can he do to encourage his spouse to leave so he can proceed with the divorce?
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Its the marital home AND her property. She gets to live there until a judge says otherwise. He cannot kick her out even if he wanted to do so.

Therefore, as Witty said, his only option would be to file for divorce and ask for exclusive use of the marital home.

HOWEVER, he had best be prepared to be ordered to sell the home on a short sale basis, because a judge isn't going to force his wife to keep her credit tied up in the home for the several years it may take for the housing market to recover. Of course, if his wife would agree to wait, a judge would sign off on that.
 
N

nextwife

Senior Member
He also should be documenting her schedule so he can show the court the amount of time he is the primary caregiver and the number of overnights he alone is caring for the children.
 
LdiJ

LdiJ

Senior Member
nextwife said:
He also should be documenting her schedule so he can show the court the amount of time he is the primary caregiver and the number of overnights he alone is caring for the children.
Click to expand...
I agree with this advice. However, per another thread dad apparently has been arrested for domestic violence against mom, (state pursuing) which could definitely impact who has to leave the home.
 
G

Genessee

Junior Member
response to domestic violence

No these are two totally separate situations. I run a support group for betrayed spouses and two different men were new to my group this past saturday.

In this case there is no additional information ( that I know ) then what was stated in the original post. So no domestic violence from either spouse in this case.

In response to the short sale option, can a judge order them to sell their home even if they can't get the amount that is owed at the very least? I would think the loan balance would be required, right?
 
stealth2

stealth2

Under the Radar Member
Genessee said:
No these are two totally separate situations. I run a support group for betrayed spouses and two different men were new to my group this past saturday.

In this case there is no additional information ( that I know ) then what was stated in the original post. So no domestic violence from either spouse in this case.

In response to the short sale option, can a judge order them to sell their home even if they can't get the amount that is owed at the very least? I would think the loan balance would be required, right?
Click to expand...
Then maybe you should advise these men to seek their own legal advice. You are really in no position to guide them as to what they should do, legally.
 
N

nextwife

Senior Member
Genessee said:
In response to the short sale option, can a judge order them to sell their home even if they can't get the amount that is owed at the very least? I would think the loan balance would be required, right?
Click to expand...
A judge cannot order a bank to agree to accept a short sale. If the bank's borrowers have assets with which they can make up the difference, they will be expected to do so, in many cases.
 
Last edited:
G

Genessee

Junior Member
Thank you for your responses

These two men are both handling their own situation, the reason I asked is because when these two situations were brought up, I honestly didn't know what could be done and I wanted to know.

I always find it really interesting how law is interpreted. You're responses have helped me clarify it, thank you.
 
M

mistoffolees

Senior Member
Genessee said:
These two men are both handling their own situation, the reason I asked is because when these two situations were brought up, I honestly didn't know what could be done and I wanted to know.
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That's fine, but inserting yourself in between someone who needs help and the people providing legal advice is NEVER a good idea. They should ask their own questions. There are lots of reasons for this:

1. They undoubtedly have more information than you do - and you might not present some important information.
2. There are usually followup questions and having to go through a third party slows things down - and can lead to transmission errors - like the children's game 'Telephone'.
3. In worst case scenarios, if you start helping them fill out forms and so on, you could be practicing law without a license which is a very serious matter.

Just get them to sign up and ask their own questions.
 
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