Can he kick me out without getting the divorce first?

Question

My husband wants me to go back to my Country with empty hands, and without having the divorce first here in the States. We`ve been married for 5 years and I dont think it is fair that I have to leave with nothing when I worked hard too and now he wants to keep everything and send me back without money or things. He has a daughter, I dont have children. Can he kick me out without getting the divorce first?

Answer 1

depends what state you live in....definitely get legal help and fast!

Answer 2

To legally kick you out of the house, he must give you an eviction notice according to the state laws in which you live.  He cannot make you leave the home without an eviction notice.  If he attempts to make you leave the home, you need to call the police.  They will intervene on your behalf and let your husband know that he is legally required to file an eviction notice.

Next, if you willingly leave the home or if you are forced by eviction to leave the home, DO NOT LEAVE THE COUNTRY until AFTER your divorce is finalized.  If you leave prior to your divorce is final, your husband will be awarded everything under abandonment laws.  If you stay here until the divorce is final, the judge will be legally required to consider your full rights as a US Citizen.  It really is in your own best interest to get an attorney and stay for the fight.  If you are unable to afford an attorney, you may be able to qualify for free legal aid through your county.

Answer 3

If your name is not on the house, he can kick you out of the house. if you are a legal resident, then he cant force you out of the country. Go to legal aid for lawyer.

Answer 4

no he cant kick u out and half of everything is ur's.

Answer 5

You guys will first have to decide on a plan for separation. from there, divorce starts and between you two and propably some lawyers will decide who's is who's. Good luck!

Answer 6

Not if he's been your sole source of subsistence and your entire life has revolved around maintaining his household and him.

He's afraid to get a divorce, which is why he wants to threaten you with kicking you out first.  Even if he kicks you out of the house, you still have right to demand a divorce. He's emotionally abusing you by treating you like this.  What a fine example to set for his daughter!

Is there something that he wants you to do that you are not doing which is causing him to use this threat against you? Has your attitude changed a little since you've been here, possibly you've demanded a little more of him?  Is he seeing someone else? There's something he doesn't want to have aired in a courtroom, or he's afraid of alimony, which you may be entitled to. Although your immigration status might determine your rights.

I'd suggest calling your local domestic violence hotline, they are always very up on the rights of women in a household and can probably connect you with someone who can help in your particular situation -- an immigration rights advocate.  You need some support right away.

Look in the front portion of your phone book, a number should be there for the domestic violence hotline or women's shelter.  I  assume he's not physically hurting you, but they will still help you or direct you to someone who can.

Good luck.

You can also look in the white pages under "domestic violence".

Answer 7

Yeps, he can kick you out.  

Answer 8

If you are in the USA you will not be deported, unless you committed a crime, because after 2 years you are a citizen.  You have the same legal rights as a married woman so don't let him hold that over your head.  Get to a abused women's shelter because even though he is not actually hitting you, he is emotionally terrorizing you!

Answer 9

No Dear, he can't. You get a lawyer right away. A good one, agressive and reputable. He ( your loser husband) will have to split all of your assets in half. Don't be intimidated or scared. You go girl!  Stand up for yourself and be proud. Learn from this and grow. Don't let any body step on you and think he can walk away scott free. Be greatful there are no children in this. Just get a lawyer. And get yourself free. Good luck and remember, now is the time to prove to yourself how strong you can really be. God bless.  

Answer 10

You need a lawyer, now!

Answer 11

depends, did you sign a prenupt . agreement before you married?

is the house or apartment in your name too? if so, no he cannot.

Not enough detail though.

If he wants you to leave, tell him to buy you the plane ticket with added money for travel and also enough money to start your life over. if he wont do that, tell him to leave.