What happens when both parties want the house in a divorce?

What happens when both parties want the house in a divorce?

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce both spouses have to tell the court about their income and any debts they owe.

Should a man file for divorce first?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

How long does an contested divorce take?

If you’re not able to reach agreement after mandatory settlement conferences, then you may have to go to trial. Often times, a contested divorce will take at least a year to finalize. I’ve had clients which took up to seven years from start to finish (not a record you want to shoot for!).

How do I get a divorce if my wife is not ready?

Answers (5) I suggest you to file a contesting Petition before the jurisdictional family court against your wife if she does not agree for a mutual divorce. Also i suggest you to work on the possible settlement in view of minor child. Contact your advocate for more details and suggestion.

What is unreasonable Behaviour in a divorce?

“Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them. It is important to understand there is no definitive list of unreasonable behaviours used in divorce petitions.

Can court force wife to stay with husband?

1. No court can compel either husband or wife to live with his/her spouse. You have every right to stay separately from him. It seems that a decree of RCR (restitution of conjugal rights) has been passed against you.