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  1. #1

    Default Filed for Divorce, Spouse Won't Move Out

    My question involves a marriage in the state of: New Mexico

    Filed and had wife served in the middle of January, we are still in the same house. Community property state, no kids, house is in my name only and purchased before marriage (wife is entitled to any gain or loss on the property). She hasn't worked in 12 years or so, last job was part time at $10 an hour. Currently taking classes at a community college.

    My attorney has been unable to contact wifes attorney. They filed a late response but nothing since then. I have spoken several times to my attorney about getting things moving, promises and re-assurances, claimed to have filed an interrogatory request with the court, but a month later still nothing on the court website. Not even the monthly invoice from my attorney. I didn't pay my attorney this month, $500, no invoice = no payment.

    I suspect wifes attorney is stalling to get past the 10 year mark for social security retirement benefits, late September this year.

    Would getting past the 10 year mark also change the alimony situation?

    I am frustrated with the progress. Is there anything my attorney should be doing different? Is there a way to get a court date and get it before a judge? I doubt mediation is possible in this case.

    My attorney claims short of domestic violence it is very difficult to force a spouse out of the house before settlement. Is this true?

    Thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filed for Divorce, Spouse Won't Move Out, 110 Days and Counting

    Quote Quoting guy_on_a_fence
    View Post
    My question involves a marriage in the state of: New Mexico

    Filed and had wife served in the middle of January, we are still in the same house. Community property state, no kids, house is in my name only and purchased before marriage (wife is entitled to any gain or loss on the property). She hasn't worked in 12 years or so, last job was part time at $10 an hour. Currently taking classes at a community college.

    My attorney has been unable to contact wifes attorney. They filed a late response but nothing since then. I have spoken several times to my attorney about getting things moving, promises and re-assurances, claimed to have filed an interrogatory request with the court, but a month later still nothing on the court website. Not even the monthly invoice from my attorney. I didn't pay my attorney this month, $500, no invoice = no payment.

    I suspect wifes attorney is stalling to get past the 10 year mark for social security retirement benefits, late September this year.

    Would getting past the 10 year mark also change the alimony situation?

    I am frustrated with the progress. Is there anything my attorney should be doing different? Is there a way to get a court date and get it before a judge? I doubt mediation is possible in this case.

    My attorney claims short of domestic violence it is very difficult to force a spouse out of the house before settlement. Is this true?

    Thanks
    Yes, that's true. You can ask the judge to make temporary orders, but that just adds to your legal bill. You really need to ask your attorney about the 10 year bit and alimony.

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