If Iwant to file for a no fault divorce, how long doesmy wifehave to get out of my house?

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If Iwant to file for a no fault divorce, how long doesmy wifehave to get out of my house?

I found out my wife has been cheating but I want her out ASAP. To be nice I’m gonna file a no-fault divorce but how fast can I have her out of my home? I had the home before we were married. I gave her one week or does she have the right for more time?

Asked on December 29, 2011 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes she does. The fact is that no matter whose name is on the deed to the house, at this point it is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However all that can change if:

  • a final divorce decree is issued (since its your separate property the house would be awarded to you);
  • a legal separation agreement is executed (and it gives you the exclusive use of the house; or
  • a temporary order is issued (e.g. protective or stay away order) which calls for her removal from the home.

At this point you need to speak directly to a divorce attorney in your area. They can best explain your  rights and remedies. Improper eviction of your wife can potentially work against you in your divorce action.


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