How do I get cheating wife to leave the home?

After many years of distance and hostility (and no marital relations since 2002), my wife asked for a divorce last Dec. She has absolutely NO interest in reconciliation. She wanted me to lie to the judge and say we had lived apart for the required time when we had not, and then wanted to continue to live in the house after the divorce so she can be with our daughters and we can keep the house. I was never comfortable about lying to the judge, and did not want her to remain in the house, but could not figure a way to pay her alimony and make house payments as well. Despite making 30% of the family income since returning to work in the 90’s, my wife has consistently refused to contribute to the mortgage, utilities, and car expenses, spending her money on what ever she wants, which to be fair, has included many things for the kids.

I have recently found hard proof of an affair with an old boyfriend in the Boston area which she verbally denies, but has not tried too hard to conceal. This is why she wants the divorce quickly. She works for the airlines and gets free flights and flies north to see him virtually every weekend

After consulting with your Collaboration attorney, I told my wife that I would not lie to the Judge, and that I will not pay alimony due to the affair, and that she needs to move out. I have talked to each of my daughters and they all say that they want to live with me in the house with their sisters, and visit their mother when ever they want, which is fine with me if she stays local. My only custody age daughters are 13 and15, but I also have two adult daughters living at home while working part-time and going to school full time, who can’t afford to go to school and live on their own, hence my goal to keep the house, at least until they are ready to get jobs in their career.

My wife’s response to this is that she does not care what the law says, that we haven’t been really married for years, and she can do what she wants, and she will NOT move out and I cannot make her.

What are my options to get her out of the house, given her affair and her failure to contribute to our common expenses?


You may file an action for what is called a divorce from bed and board, essentially a judicially ordered decree of separation. Adultery is grounds to ask the court to order your wife out of the home.