Can I force spouse to leave?


#1

We rent a place to live and my name is on the lease but my spouse’s name is not. Can I force spouse to leave without filing “Divorce from Bed and Board” and how would I do this?


#2

Unfortunately, no. You cannot force him out of the martial residence unless you have a court order to do so. To obtain a court order you must prove that he has engaged in marital fault. A rental home is the martial residence no matter whose name is on the lease, or if there is no lease. In any event, even if you do file a Divorce from Bed and Board, which asks for a judicial separation, it could take up to six months and your spouse may still not be evicted.