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My coworker is not living with her husband and as soon as she can afford it she is going to get a divorce . .?

but her husband is already living with a woman in the house my friend and her hubby bought together. He is pressuring her to file for the divorce cause they want to get married . . he told her cause she moved out she has to be the one to file for divorce that he can't . . they have only been living apart since May 2007 I thought either could file for the divorce they have no kids and he is living in their home which she knows she can not afford. Neither has filed for a separation. any help would be appreciated .. .

16 Answers

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  • 1 decade ago
    Favorite Answer

    That bull. He can file for divorce. There is some reason he does not want to. Your friend should see an attorney to protect her rights on the property they own together. Also, she should make sure he is paying the mortgage. He could be living there for free and she will loose $$$ when they foreclose on the property.

    Spend a dollar now not to,lose it all later.

  • Anonymous
    1 decade ago

    her husband is in a cozy little rebound relationship which probably won't last.

    meanwhile, if he had an affair before they were divorced, the wife might get more than he does anyway from a divorce.

    she doesn't have to file for divorce because he is pressuring her.. and why can't he file for divorce? that doesn't make sense....

    if she has interest in that house, she needs to make sure she has an attorney which will assure her she gets 1/2 or more of the current market value from him if he intends to live there. he can buy her out!

    i hope she doesn't walk away empty handed just because she might not be able to afford the house payments on her own, after all it was HER HOME too... (matter of fact, it still is!)

    take care.

  • kj
    Lv 7
    1 decade ago

    He can file for divorce. He just wants HER to do it so it will seem like HER idea and he can get more in the settlement.....like maybe the house or something. All things being fair, he may have to sell the house and split the proceeds with her (which is probably what SHOULD happen).

  • 1 decade ago

    I would advise her to consult a lawyer. Depending on what state you are in, the divorce lawas are different. It sounds, though, like he is scamming her into being the one to initiate the divorce (especially if that means that she gives up certain rights by doing so according to your state).

    Considering that possession is the majority of the law, she is most likely going to lose the house since she doesn't live there. However, she should hold her ground and tell him that if he wants the divorce so badly so he can remarry, the ball is in his court.

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  • 1 decade ago

    usually the person who files for divorce first will pay for it. Just because they are SO ready for things to end.Sounds like he wants her to pay for it. He is committing adultery until you two divorce. If your "friend" wants out asap she should go get a lawyer and file. Or let the drama continue.

  • 1 decade ago

    He's just being an a$$Hole. he can file for divorce no matter what. hes just trying to rub it in her face. but my advice is that she just file for divorce and get it over with. he is obviously moved on. (even though he is being a pig), so should she. advise your friend to file for divorce and just argue to split the assets. as long as there are no prenuptuals there is a lot of breathing room. she could either collect alomony, or she could fight for the house. or at least half of what it's worth. Hope that helps. btw... tell your friend to stick it to him!!!!!!!!!!!!!!!!!!!!!

  • Anonymous
    1 decade ago

    Either of them can file for the divorce. He's full of it. I do suggest she file for it. The petitioner seems to have an upper hand in divorce.

  • Anonymous
    1 decade ago

    either one of them can file for divorce just because she moved out doesnt mean she's the one...but what it is is he's wanting her to have to be the one to pay for the divorce and not him. but she can try and talk to a divorce laywer and see about a payment plan to at least get the ball rolling on it. because from experience divorce is expensive. so just have her call a laywer and when she goes to talk to them about everything see about a payment plan to pay some every week or bi-weekly to pay for it.

  • 1 decade ago

    Tell him if he wants it, he can file for it. He is just trying to get out of paying the filing fees/attorney fees. It has nothing to do with who moved out or anything like that. Either one can file at any time. I think he is just trying to make her end up having to pay.

    If she does not want to do it, she does not have to. If he wants it so bad, he can go down and do it himself. Otherwise, he can just get bent!

    Source(s): Unfortunately, I have been through a recent divorce. Fortunately, it was not ugly, like this one looks like it will be...
  • 1 decade ago

    as far as i know either one can file. your coworker needs to contact a lawyer as soon as possible. not necessarily to file for divorce but to find out what her rights are and to find out what is behind her husbands behavior.

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