After months of debating I've finally decided to divorce my wife. We currently live in an apartment with our son. She has no job and threatened that she was not going to leave the apartment. I recently separated from the military and am currently just going to school so income is very minimal. All that being said, can she legally stay here until the divorce is finalized even if she is not on the lease? I moved here prior to marrying her.
2 Answers from Attorneys
you need to consult with a lawyer regarding filing for dissolution of marriage and getting sole possession of the apartment pending the final hearing.
How long were you married? As to the apt. - you need to file a Petition for Temporary Needs of the apartment and the furnishings until a final decree is issued. I suggest you get going on getting your divorce filed at the same time.