QUESTION

What can I do to at least get my husband to leave so I can figure out what to do?

Asked on Jul 21st, 2013 on Divorce - California
More details to this question:
I have been married for 23 years. My husband and I own our home together and pay the mortgage together. In the last 5 years my husband has started abusing prescription drugs and has stopped working, he is extremely abusive mentally, he has also put his hands on our daughter, although it did not leave a mark, it was emotionally devastating to her. He literally lies on our den couch 24 hours a day. We have not slept together for over 3 years. I want a divorce, but he absolutely will not leave our home. We have a 17 year old daughter together at home still, but she will not speak to her father because of the mental abuse he has put us both through, and it has been really bad. I just want him to go. I am willing to seek therapy, but he is not. Thank you.
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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File for divorce and ask the judge in a motion for temporary orders to have him leave the house.
Answered on Jul 22nd, 2013 at 1:52 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need to commence a divorce and get some orders in effect, one seeking to have him removed from the house due to his abuse.
Answered on Jul 22nd, 2013 at 1:40 PM

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File for either a Divorce or Legal Separation, unless there has been Domestic Violence that you can prove, it will be unlikely that either of you will be forced to leave the family home (although either of you may choose to do so). Once you are finalizing the case, you will either agree that one of you will leave or the Judge will make orders regarding the home (whether one of you stays and buys out the other's community share or whether the house should be put up for sale and the proceeds split).
Answered on Jul 22nd, 2013 at 1:36 PM

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