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.