Can I make him leave?


#1

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?


#2

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.


#3

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.


#4

You may file the action pro se, or without an attorney.