My husband committed adultery and I informed him about 4 weeks ago that I am divorcing him and that he needs to find an apartment. To date, he still has not moved and is refusing to leave until he wants to. Can I legally make him leave? I am the leaseholder and he’s just a resident on the lease. I will be moving also but I gave my apartment complex 60 days notice and I don’t feel comfortable leaving him here alone because I am responsible for the apartment. Domestic violence is not an issue but there is of course a high level of tension and resentment between us that is very unhealthy and that makes me uncomfortable in my own home. That’s why I think it’s best that we go our separate ways ASAP. What can I do to get him out?
You may file an action for what is called a divorce from bed and board. This is an action based on martial fault, in this case adultery. Which allows a judge to order the offending spouse to move out of the martial residence.
Is this something that I can do on my own or is an attorney necessary? We do not own a home and we do not have any children. Also, we were able to agree on how our possessions are to be divided.
You may file the action pro se, or without an attorney.