He Refuses to Counseling or Moving Out


Dear Iwantadivorce:

Greetings. Have you hired an attorney? Attorneys are very good at laying down all the options for separation in a clear and succint manner that allows some spouses to understand the benefits (and deficits) of leaving the marital residence. Sometimes attorneys are good at negotiating someone to leave. This is a cheaper alternative to court. Now, if you want him out for sure, you may want to try to file a claim for Divorce from Bed and Board. This action is based on fault though…so the gambling and excessive spending must be ongoing and recent activities in my opinion. Let me know if you have other questions.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.


I have gone through many troubled years of marriage, dealing with gambling, excessive spending, spouse not paying business taxes without my knowledge, along with being used to be the primary caretaker of home and business. I’ve begged my spouse to attend marital counseling, but he refuses. I am pregnant and have decided that I do not want to continue in a situation such as this with a child. My husband however, refuses to make any changes in his behavior, although he claims that he wants this baby. Every time that I have tried to talk to him about the situation and how unhappy I am, he tells me that he doesn’t want to talk about it. When I ask him when we can talk about it, he refuses to set a time. I have told him on numerous occasions that if he refuses to make any behavior changes that I want a divorce, but he refuses to move out. His parents live a few minutes away, so he would definitley have somewhere to stay, however, I have nowhere to go in the local vicinity, and we cannot afford for me to rent an apartment. We have a business together, which is why I would need to stay in the area. How do I get him to move out?? I feel like I’ve tried everything within my power, and this is the only option left, but he refuses to leave! Help!!