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I live in NC and about 2 weeks ago i discovered my wife had went and met with her ex husband that she had been talking to via email and phone. She told me she had to work and i have emails where she told him that she told me she was working off site.. I made her leave that day but found out i could not. She came back and this past weekend she left friday and did not come home till Sunday. With the use of smart phones i can show she went to his residence friday night and did not leave until Sat morning. She admitted to going when confronted but claims nothing happened. I have asked her to go stay with a friend until she can find a place but she is refusing to. what can i do to make her move within a few days.
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Prism Family Law
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Good question. Unfortunately, there is not an easy answer. It can be very difficult to force a spouse out the marital residence when that spouse is not willing to move. I strongly encourage you to contact an attorney in your local jurisdiction as the answer to this question may very a bit county to county. For example, in Mecklenburg county, it is pretty rare that we see someone forced out of the marital residence in the absence of a showing of domestic violence. For more information on this topic, please see one of our blogs on the topic of distribution of the marital residence in North Carolina divorce. #3 may shed some additional light on the typical paths people may take in a situation like this. Hope this helps.
Bill HunterHunter & Hein, Attorneys at Law, PLLC
Answered on May 23rd, 2018 at 1:28 PM