if you been married for 10 and 1/2 years and your husband is cheating and staying out every night till 1 -4 a.m. you have proof butt he want leave.

You will need to hire a lawyer as this is a fault (adultry) divorce.  Once he is served with divorce papers and has a chance to hire his own lawyer to answer your complaint, the court will decide who is to leave based on an equitable settlement; custody of children, if any; alimony and child support, etc.  Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC