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#81194 - 01/17/05 04:27 PM How can I make spouse leave / moral obligations
needinfoRI Offline
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Registered: 01/17/05
Posts: 1
My husband of 19 years and I had a huge fall out. I've given up on the marriage, We seem like two different people. He's not happy either, it seems like he snaps at everyone and everything. A few years ago he asked me for a divorce, then changed his mind. Since, I have not had the same feelings towards him. Recently, I asked him for a divorce. I told him that I was not happy, and couldn't continue this way. He stated in a threatening tone "We'll I'm not leaving. You want to do something about it do it".

I don't want to leave, I have always made more money then him - when we bought a huge house 4 years ago, I cashed out my 401(k) for the down payment, How can I get him out? Is there anything I can do legally? I owned a condo in another state. He had signed the waiver of having any rights to it. When I sold the condo, I took that money and remodeled our current house. If I sell our current residence will I still be obligated to pay him 1/2?

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#81195 - 01/18/05 04:23 AM Re: How can I make spouse leave / moral obligation
Anonymous
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You need to review the RI state laws for divorce which is in TITLE 15-5, domestic relations. To read on-line do the follwing

Go to URL

www.rilin.state.ri.us/Statutes/TITLE15/INDEX.HTM

You will get a page with a menu, click on "15-5"
You will get another menu, click on "15-5-16.1"
This is the section on assignemt of property. You will see that property division has more options than a 50/50 split. If the property division goes to trial ,it can be any way based on the factors given in the section.

As for getting him out, you need to file for divorce and get under the cout's juridiction. Then you can ask the court for an order for him to vacate the marital home. The court may or may not grant the order until the divorce is over. If it does, the court will give him so much time to move. If not he would have to move after the divorce.

You should also read the subsection on alimony in 15-5. With a 19 year marriage and your higher income, the court may order you to pay him alimony.

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