Are you still living in the marital home with your X ?

If so, is it because the financial settlement hasn't been finalized yet?

Neither of us have filed - guess I have to step up and do that - WH said he will drag this out for 5 years..

Can you be legally divorced yet live in the same house because the settlement is still hanging? I don't want to be forced to move into a dump while he's living in our beautiful home. Someone said - the person that files once the D is final is the one to leave when things aren't settled..

I'll be calling my attorney to see what she says too.

Thanks

In my state, you must attest in the divorce decree that you will no longer live together in the same house.

My X wanted to buy me out of the house, but made no effort to do so. I was in the house and he wasn't, and I knew if he got back in, I would never get paid out of the equity. I had realtors calling all the time about listing the house for sale, but X kept dragging out the decision making, and the price negotiations and finally the financing.

Your lawyer will need to play hard to get both of you out of the house equitably.

Also, I started with a female atty, former DA who seemed like a bulldog. She wasted my time and my custody. She did nothing for many months, because I wasnt' a high profile client.
Find an attorney who will give YOU the time of day. My second atty. used e-mail - a great cost savings, and introduced his paralegals as part of the team - they weren't just secretary's. They could answer easy questions, and charged at lower rates.
If I needed to provide info to my atty, I typed it out and emailed him, that way he had a record, and I didn't have to pay to have his secretary type it out. This worked very well for me. My prior atty used fax only, and charged by the call, fax, etc.

Good luck.

I think it depends completely on the laws in your state.

Like newly, that wouldn't have been possible for me (for personal as well as legal reasons, but that's another story! <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" /> )

I'm in Maryland, and the state requires you to be separated for a year before you can get divorced (other than for adultery - you can get divorced at any time for that, but you have to prove it, which can be problematic and expensive.) And they consider separation to be non-cohabitation and no 'marital relations.' So, one person physically moving out is the only way to start the clock for separation in order to get divorced.

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Originally posted by ITHURTS:
<strong> Can you be legally divorced yet live in the same house because the settlement is still hanging? I don't want to be forced to move into a dump while he's living in our beautiful home. Someone said - the person that files once the D is final is the one to leave when things aren't settled..</strong></font><hr /></blockquote><font size="2" face="Verdana, Arial">I don't know if this is determined by the state you live in but I know here in TX of a couple who divorced and still lived in the same house because it hadn't sold yet. They have since sold it and moved on.

I cannot imagine the law forcing the one who files to move out if the divorce is final and the house hasn't sold yet. In my case, I filed, we are still in the same house and discussing whether we will sell the house or he will buy out my half. At any rate, that must be decided in the property settlement BEFORE the divorce is finalized according to my lawyer.

My H and I have a fairly civil relationship (testified to by the fact we are still in the same house) but see no future together. The house is part of your marital property and must be divided up as any other marital property.

If you file, as the Plaintiff, you can set the terms of temporary orders, even request the court to have him removed from the house until a final agreement is reached. If the court rules so, he will be removed from the house and have to find a place to live.

My advice, talk to a lawyer and tell him/her ALL that has gone on so you get the best advice. Don't assume anything until you do that! <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />

Talked w/my attorney -

YES - we can be divorced and living in the same house..No, he can't make me move out beofre the settlement is reached.

He cannot drag this out for 5 years - yes, it's been known to happen but very unlikely.

Due to our financial situation (which is good) the courts/attorneys will push to get the settlement over with. To many factors of our owning a business together, retirement funds, etc,.

I feel better after talking to her - though, I still haven't sent a retainer. He's bluffing..

Also, as part of "discovery" they will whether he contests (Should I file) or not demand business appraisal, etc. ASAP. He will not have time to hide assets.

He can contest up to 2 years the actual divorce - BUT, since we are not living as a married couple, the time that I stopped doing laundry, sleeping together, etc. counts towards the 2 years.

Why would anyone in their right mind contest a D when they are the cheater - because of MONEY..that's it..not because he wants to work on the M..That's what contesting is for trying to work it out - not buying time to hold off paying me...

I feel so much better knowing I won't be living in a dump w/no money, car, job, etc. We both have so much to lose but the end is near..and it is what it is.