Can I make him Leave


#1

If he refuses to leave, you can file for a Divorce from Bed and Board, however this can be an expensive and time consuming process. You must meet specific statutory factors in order for the court to grant you a divorce from bed and board. Have you tried talking to him and discussing the reasons that he will not move out.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

He will not leave because he is not financially able. Fianancially he has run the household into the dirt! He does not contribute to even half of the bills in the house and he spends more than he makes. He drinks and the list goes on.
I thought bed and board was only for divorce granted on mental issues.
I have asked him to go and he says he owns half the house and the cars and the stuff we have. Which I am sure he is right but I want the house and the family vehicle.
He has a free ride with me I would want to stay too. I am the only one that contributes to a 401K, tries to save for the kids college, puts my entire paycheck to the bills and manages to always have cash on hand to pay for the etras that are needed, and he is on MY medical insurance. Why the heck would he leave. He comes and goes as he pleases doesn’t come home Mon-Fri until 10pm because he “is at the gym”. He won’t get a second job because he can’t have the time to work out and when I went and got one he made my life hell accusing me of being unfaithful. Not to mention HE has gone outside the marriage on numerous occasions. So is there an order of the court that I can file to have him removed???

Maureen Wallace


#3

This sounds like you may need to file for Divorce from Bed & Board; here’s the statute:


#4

Based on the additional facts you posted, you would likely qualify to follow for a divorce from bed and board. This is the only means you would have to evict him from the residence, unfortunately, it is not as simple as filing one piece of paper.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

OK, So I will most likely qualify. OTHER than getting an attorney how do I start. And I say that because I mentioned that financially he has run the household finances in the dirt. My house is 30 days behind my car is almost 60 and I have other bills just piling up. I have armed myself with knowlede and I know I can do this on my own do I just go to a courthouse and schedule a court date? YOU said it was harder than filling out one piece of paper…can you give me more? I need to know where to start. Please…

Maureen Wallace


#6

I’m not positive about this, but there may be all the necessary instructions and steps in the “Do-it-yourself” Divorce kits that you can buy at some of the office supply places. I do not know what is included in these but maybe someone out there who has used one would know…


#7

To start the process you would need to file an action for a Divorce from Bed and Board, then you would schedule a matter for hearing in front of the court. We do not have samples available. The only thing I can suggest is that you call the clerk in your area and see if there are any legal clinics designed to help pro se litigants.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

NC resident.
I want a divorce and it is a law that we have to live separate for 1 year. Well my husband will not leave. I have 2 children,and I am not taking them from their home, school and the surroundings that they know because he will not leave. He tell me that the house is his too. How do I start the process of the divorse of living separte if he will not leave?
What do I do?

Maureen Wallace