Do I need to leave the house if I file for divorce? 6 Answers as of April 24, 2012

I want to file for divorce and want to know if I need to leave the home before I file. The house is in my husband's name but I have paid half the mortgage since we have been married and I have made many repairs and updates to the house. We also have a son together.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You can be in a state of seperation in the same house as long as you do not sleep in the same bed or have any marital relations(sex).
Answer Applies to: Georgia
Replied: 4/24/2012
The Law Offices of Diane M Sternlieb | Diane Sternlieb
No. Do NOT leave your home. It does not matter whose name is on mortgage, if it was acquired during the marriage it is marital. Even if it was his before marriage, the fact you and your child also live there it is the marital residence and you have a better argument (a child) to remain in the home. So file and ask your attorney to get a temporary hearing immediately and ask for temporary possession of the home and temp custody and child support. As part of the support he can be ordered to pay the home mortgage and costs associated with you temporarily staying in the home with your child until the divorce is finished.
Answer Applies to: Georgia
Replied: 4/24/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
You do not need to physically leave the marital residence prior to filing a divorce petition.
Answer Applies to: Georgia
Replied: 4/24/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Where you live is not as important as you living separate and apart from your husband. You can live separate and apart from your husband in the same dwelling house.
Answer Applies to: Georgia
Replied: 4/24/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
No, you don't have to leave the house. In fact, you may want to ask in your initial filing for temporary possession of the house for yourself and the child, which would make him move out. To file for divorce, you just have to be no longer engaging in marital relations and "separated" in an emotional sense.
Answer Applies to: Georgia
Replied: 4/24/2012
Click to View More Answers: