Legal Question in Family Law in Virginia

Abusive wife

My wife wants to end our marriage she refuses to talk about filing for seperation or divorce, she is seeing someone but i have no physical evidence other than phone bills and work location. She recently ran at me with a knife. I just want her out my house. How can i get her out legally and fast? There is no property to settle all she wants is her stuff she brought in when she first moved in. need help fast before she hurts me!

Asked on 3/12/05, 8:36 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Abusive wife

There are several answers to your question. I am unclear why you say you want her out of "your" house. I will assume if she doesn't have property rights to the house that she might have a marital interest in it unless the house is separate property.

There are two ways to remove someone from property where they have a legal right to be. The first is to gain exclusive possession through a divorce action. You say that she won't file one against you but you don't explain why you can't file one against her. A judge in a divorce case can do that pending resolution of a divorce.

The second way is to gain possession through a protective order from a juvenile and domestic relations judge. You say she came at you with a knife but not whether you called the police and had her arrested which would have been the time to request a protective order and be awarded exclusive posssession of the house. Certainly if he does this again call the police and get a Emergency Protective Order.

These are the only options I know. Of course, if she has no property interest and no marital interest you can try to evict her like any landlord.

Good luck.

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Answered on 3/12/05, 9:51 pm

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