Alcoholism & Moving out

  1. My wife is an alcoholic and abuser of prescription drugs, and is causing tremendous emotional stress with myself and our (live-in 28 year old) son. We have a (joint)mortgage, ($1464/month).

  2. Can the 50-7 “Grounds for Divorce from Bed and Board” — “becomes an excessive user of alcohol and drugs” be initiated to request she be removed from the house? If so, who is responsible for the current mortgage payment?

  3. If not, and I decide to move out, who is responsible for the mortgage? — (if I am still responsible, I am not certain I will be able to afford both rent and the mortgage payment for a one year period)).

  4. If I do move out into a rental property, is it permissible to use a basement (woodworking) shop in the house on weekends/summers?

  5. If I do decide to move out, is there any legal “paperwork” required to be filed prior to moving out?

Thank you,

You can file an action for divorce from bed and board, but there is no guarantee that a judge will order that she vacate the marital residence. You are legally obligated to pay the mortgage until your name is removed from it. If you leave the residence before there is an agreement in place about who will pay the mortgage, and you make the payment, you should get credit for at least a portion of the payment made either through equitable distribution or payment of alimony and child support.