If Iwant to file for a no fault divorce, how long doesmy wifehave to get out of my house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Iwant to file for a no fault divorce, how long doesmy wifehave to get out of my house?
I found out my wife has been cheating but I want her out ASAP. To be nice I’m gonna file a no-fault divorce but how fast can I have her out of my home? I had the home before we were married. I gave her one week or does she have the right for more time?
Asked on December 29, 2011 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes she does. The fact is that no matter whose name is on the deed to the house, at this point it is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However all that can change if:
- a final divorce decree is issued (since its your separate property the house would be awarded to you);
- a legal separation agreement is executed (and it gives you the exclusive use of the house; or
- a temporary order is issued (e.g. protective or stay away order) which calls for her removal from the home.
At this point you need to speak directly to a divorce attorney in your area. They can best explain your rights and remedies. Improper eviction of your wife can potentially work against you in your divorce action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.