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AIBU?

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Leaving my husband

6 replies

GinPink · 02/08/2018 04:22

How does a person leave their husband?

We have 3 kids together. We have a mortgage. But I can't take it anymore, we don't love each other anymore. We need to separate and I want to leave him. If I ask him to leave he won't. If I leave I'll have 3 kids to take with me. Where would I go?

OP posts:
GoatWithACoat · 02/08/2018 04:30

You can file for divorce while living together and let a court decide who leaves the house. Assets will be divided by the court.

MissedTheBoatAgain · 02/08/2018 04:36

You can file for divorce while living together and let a court decide who leaves the house. Assets will be divided by the court

I filed for divorce in 2015 and it was rejected by Court on basis that we were living at same address. Only after I had moved out would the Court issue the Decree Nisi.

Has the law changed since then? Reading MN suggests that couples can live together whilst they are divorcing?

saltandvinegarcrisps1 · 02/08/2018 04:55

OP. Ask for your thread to be moved to Relationships - you will get great advice there. I am currently breaking up with DH of 23 years (hence sleepless nights) and have found reading the threads there so helpful.

GoatWithACoat · 02/08/2018 04:57

There is no law that states a divorcing couple must live separately, but a judge can refuse a divorce for any reason she or he sees fit (law permitting)

Plenty of people do divorce while co-habitung. However, as part of the divorce process, you may be able to get an order to have him removed from the property prior to the divorce or an agreement that he provides financial assistance for you to move out with the children.

This is where you need specialist legal advice tailored to your individual circumstances. But don’t feel you are trapped without any way out because that’s not the case.

MissedTheBoatAgain · 02/08/2018 06:08

There is no law that states a divorcing couple must live separately

There must have been when I filed in 2015. Even acting Solicitor agreed? History now though as complete end of 2016.

livingthegoodlife · 02/08/2018 07:57

You need to be maintaining separate households, that can still be within the same physical house building but that is not the same as co-habiting.

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