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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
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Question:

My wife is trying to kick me out of the apartment during our divorce even though the lease, which is in both of our names, doesn't expire for another few months.

She is trying to make my life miserable and has started attacking me trying to make me leave the marital residence.

I have just as much right to stay in the marital home as she does since the home is rented in both of our names, correct?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.

Throughout the pendency of a divorce action, if the parties' home is rented in both parties' names, neither party is required to leave prior to the expiration date of the lease. Unless such facts and circumstances warrant such relief, the court is generally hesitant at removing a spouse from the marital residence.

However, there are certain things that one must keep in mind when choosing to live with their spouse during the divorce action because such a decision could effect your living arrangements.

Where I practice, one spouse can bring what is known as a Protection From Abuse (PFA) Order against the other spouse if they have suffered "abuse" as defined in the Protection From Abuse Act.

Although emotional and mental abuse alone is not considered enough for one to be entitled to relief under the Act, "abuse" can be defined as causing or trying to cause physical harm, whether or not any weapon is involved, rape or sexual assault, or putting your spouse in reasonable fear of immediate and serious physical harm.

If a PFA is granted, the abusive spouse can be evicted from the marital home regardless if it is rented in both parties' names.

Unfortunately, by living with a spouse who has made it known that she wants you to leave the home, you always run the risk of a false PFA being filed against you. As a result, a false PFA may lead to being evicted from your home.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Ashley Weiner, contact Cordell & Cordell.


Comments (3)Add Comment
0
Should you move out?
written by jda, November 21, 2012
Absolutely NOT. Women often do this to try to gain upper hand in the divorce process. If you are living in the apartment and she wants you out then you will have a bargaining chip. Also, if you have children she will use the extra time with the kids to start poisoning them against their father. I moved out under duress of wife and it was a mistake.
Dont do it. She can move out if she wants to.
0
YES, MOVE OUT!!!!
written by Russell, November 21, 2012
I followed the advice to not move out and guess what? I came home one night to two sheriff deputies serving me a vacate order due to an Emergency Protective Order. My wife claimed I "intimidated her" and then exaggerated and/or made up several instances of "abuse". This caused me to lose my home and not see my son for 2 months. Besides, who in God's name would want to share a residence with their estranged spouse? A judge will understand if you move out, it's not that big of a deal. An EPO, on the other hand, has huge consequences and provides your spouse all the leverage she could ever want. Staying in the house is way to risky. GET OUT! Don't think she won't do it (the EPO) either. I never thought my ex would pull that stunt in a million years but she did it without blinking an eye.
0
spell caster
written by morgan, September 29, 2014
Name is Mr Morgan.I will love to share my testimony to all the my viewers
in the forum cos i never thought i will have my girlfriend back and she means so much to me..The girl i wanted to marry left me 4 weeks to our weeding for another man..,When i called her she never picked my calls,She deleted me on her Facebook and she changed her Facebook status from married to Single...when i went to her place of work she told her boss she never want to see me..i lost my job as a result of this cos i cant get myself anymore,my life was upside down and everything did not go smooth with my life...I tried all i could do to have her back to all did not work out until i met a Man when i Travel to Africa to execute some business have been developing some years back..I told him my problem and all have passed through in getting her back and how i lost my job...he told me he gonna help me...i don't believe that in the first place.but he swore he will help me out and he told me the reason why my girlfriend left me and also told me some hidden secrets.i was amazed when i heard that from him..he said he will cast a spell for me and i will see the results in the next couple of days..then i travel back to US the following day and i called him when i got home and he said he's busy casting those spells and he has bought all the materials needed for the spells,he said am gonna see positive results in the next 2 days that is Thursday...My girlfriend called me at exactly 12:35pm on Thursday and apologies for all she had done ..she said,she never knew what she's doing and her sudden behavior was not intentional and she promised not to do that again.it was like am dreaming when i heard that from her and when we ended the call,i called the man and told him my wife called and he said i haven't seen anything yet... he said i will also get my job back in 2 days time..and when its Sunday,they called me at my place of work that i should resume working on Monday and they gonna compensate me for the time limit have spent at home without working..My life is back into shape,i have my girlfriend back and we are happily married now with kids and i have my job back too,This man is really powerful..if we have up to 20 people like him in the world,the world would have been a better place..he has also helped many of my friends to solve many problems and they are all happy now..Am posting this to the forum for anybody that is interested in meeting the man for help.you can mail him on this e-mail; drakugbespellhome@gmail.com i cant give out his number cos he told me he don't want to be disturbed by many people across the world..he said his email is okay and he' will replied to any emails asap..hope he helped u out too..good luck his email; drakugbespellhome@gmail.com

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