Divorce And Spousal Rights

Summary

In WV, if the house is marital property, neither party can force the other to leave. Spousal support is often granted in long-term marriages. If domestic violence is involved, you can seek a protective order. If the house is separate property, the owner can ask the other party to leave. Your husband cannot force you to move out without a legal order. Legal aid services are available for those who cannot afford an attorney. Spousal support considers factors like the length of the marriage, earning ability, and standard of living. The court might consider your husbands disability when determining spousal support. Consult a local attorney or legal aid service for personalized advice.

Full Conversation

I have filed for a divorce and my husband wants me to move out
Hello Chrystal, in which state are you currently living? It's important because divorce laws can vary significantly from state to state.
WV
Hello Chrystal, in WV, if the house is marital property, neither party can force the other to leave. Here are some points:
- If domestic violence is involved, you can seek a protective order.
- If the house is separate property, the owner can ask the other party to leave.
- Consult a local attorney for personalized advice.
It’s only in his name but we have lived here together for 8yrs
Hello Chrystal, even though the house is in his name, you may have marital rights to it since you lived together for 8 years. This is often referred to as "marital property." However, specifics can vary, so consulting a local attorney would be beneficial.
He says I have to get out
Hello Chrystal, your husband cannot force you to move out without a legal order. If he tries to, you can call the police. It would be best if you could consult with a local attorney to understand your rights.
I don’t have any money
Hello Chrystal, I understand your situation. There are legal aid services available in WV that provide assistance to individuals who cannot afford an attorney. They might be able to help you understand your rights and navigate through this process.
Can I get spousal support? We have been married for 33 years?
Hello Chrystal, in WV, spousal support is often granted in long-term marriages like yours. It considers factors like:
- Length of the marriage
- Earning ability of both parties
- Standard of living during marriage
Please consult with legal aid services or a local attorney for personalized advice.
Would I be able to if he is on long term disability?
Hello Chrystal, in WV, the court might consider your husband's disability when determining spousal support. However, it usually depends on the specifics of the situation, including his income from disability and your financial needs. Consulting a local attorney or legal aid service can provide more personalized advice.
Would I be eligible for any back pay that he gets?
Hello Chrystal, in WV, whether you'd be eligible for any disability back pay your husband receives depends on the specifics of your case. It's crucial to consult with a local attorney or legal aid services for personalized advice.
Thank you
You're welcome, Chrystal! If you have any more questions or need further assistance, feel free to ask. Remember, local legal aid services can provide valuable guidance in your situation.