He won't leave


#1

I have been married for 17 years. I have an 18 year old daughter my husband has raised as his own since I was pregnant and we have 2 other children that are 17 and 10. I have told him several times I was unhappy and he wont leave. He was livid with me when he found out my 18 daughter had been in contact with her biological father. Is there anything legal I can do to make him leave? (We rent, not own.I am the only person on the lease.) Also, is my daughters bilogical father responsible for any support now that she is 18?


#2

You may need to file a matter for divorce from bed and board. If you can separate without having to file an action for divorce from bed and board, I would try that first. I can understand that if your name is on the lease and you are responsible for bills on the residence, that you would want to seek a divorce from bed and board through the court if he is not willing to go easily or allow you to leave without still being responsible for payments associated with the marital residence, even if it is rented.

The process for pursuing a claim for divorce from bed and board will vary based on the county that you are in, but it starts with filing a complaint. From there, you have to calendar the matter for hearing which is usually a process of filing a calendar request and notice of hearing. The information needed for this can usually be found in the local rules for the county.

The clerks at the courthouse cannot give you legal advice, but they can assist by helping you calendar your hearing and assisting you with other procedural tasks.