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  1. #1
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    Default how long?

    I am writing this for a friend. She is married and wants to get a divorce. Husband gets home at all hours, cheats on her, etc etc. He is currently living in a spare bedroom and the marriage is over but he wont leave. She would like to stay in the house and pay him out. She has a lawyer but nothing really seems to be happening. So we were wondering..has anyone here been through this? How long did it take to get your partner or husband out? What was your split? How long did it end up costing you in lawyer fees? Tia.How

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    I didn't get him out. I had to leave. My split was 60/40 (we have two kids and I had put up the deposit for the house). It cost me $23, 000 in legal fees (but we went to court for interim hearing just settled out of court before final hearing).

    You have to be separated for at least 12 months before you can file for divorce.

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    Also, for her to buy him out she has to be approved through the bank.

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    It depends on how much he is digging in his heels. The more he digs in the longer it takes and the more it costs.

    A financial settlement can happen before making an application for divorce.

    She would need to find a way to get him to agree to her proposals (or a compromise position ) and they can then file it with the court.

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    Do you think it would be better for her to move out and rent somewhere and just wait for the court hearing ?

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    Has she spoken to her lawyer about a financial agreement? Provided she has the means to buy him out of the house her lawyer should be able to start negotiations on her behalf regarding their financial settlement. It doesn't all have to be a part of proceedings in court.

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