Unless he hits you the answer is NO. And if you change the locks he will have you for Malicious turning out of doors and then you will be the one out. See divorce from bed and board section.
jnewman
Dear SLB02:
Greetings. Yes, you can file an action for Divorce from Bed and Board. Otherwise, no, you do not have any other options to force him from the home. You could also file a claim for support, which would allow you to more easily move from the marital residence without him. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 dont suggest it, but you could do what I did, after he leavs for work, call him and tell him he has so many hours to leave or the sheriff will make him, tell him you went to the court house and told the magistrate you were scared of him… bla…bla… mine left that day… after 4 terrible years. My house, and 3 children involved. Also you dont have to file a seperation to eventually get divorced. And you can do a divorce uncontested online for 200.00 or so… We managed to settle things because everything was mine… Its not easy, not at all. I feel for you, I am a single mom with 3 kids, and wouldnt have it any other way…
How can I get my husband to leave the home (as we approach separation)?
I have been a stay-at-home mother to our two children (ages 3.5 &
1.5) for nearly 3 years (I work PT). Both of our names are on the deed. I sought an attny., and am working on raising the funds to pay her submit the sep. agreement. ALso seeking FT employment and care for my children.
He refuses to leave. As the “breadwinner”, he could get the means to get his own apt. but is fighting me on this. I wish to keep the home as I don’t wish to disrupt the children. And naturally, b/c I am the dependant spouse, I cannot get funds right now to move (with my children).
The oldest is picking up on the tension and stress within the home (one parent on the couch each night, the fights, the tension) and it’s starting to negatively affect her.
Can my husband be forced out of the home given the reasons I have stated (there has not been current physical abuse, but in the past, he did exemplfy it by punching holes in walls, throwing objects at me, etc.) My attny. and I don’t want to use the past abuse route if possible (she beleives it undermines the system).
Any suggestions? Thanks.