Asking Husband To Leave Home -- Legal Implications

North Carolina Divorce Law Divorce and Separation Answers
1

Hi –

About a month ago, out of nowhere, my husband announced that he had not been happy for a year (had made no indication to me during the year) and it was also revealed that he was involved in an emotional affair. He has since stopped sharing a bedroom, cut off all physical and emotional affection/contact, and has declared that he is deciding what he wants to do (separation vs staying). He has insinuated multiple times that he wants to separate. He went to couples counseling twice, both times it being obvious he didn’t want to do so, and has since refused to continue the counseling.

Since all of his signs point towards him deciding to separate, am I allowed to ask him to leave the home, without any negative legal implications? We do have one child, if that is of any consideration.

Thanks in advance for any guidance.

2

Sure, you can ask him to leave. But you can’t MAKE him leave. He has just as much right to the home as you do. Usually the one who wishes to separate is the one that leaves the home. I know of no legal implications positive or negative that go with asking someone to leave the home.

Someone will have to leave in order for you to be considered separated. Lack of intimacy, love or whatnot (ie: construction separation) under the same roof isn’t considered separated in NC.

3

You may ask him to leave the home, however absent extreme misbehavior or violence you cannot make him leave.