Husband refuses to leave


If you can prove the infidelity you can try a divoce from bed and board. Once you have the court order change the locks. Remember there is no such thing as control over others. You can only control how you respond to what actions they take.



Dear Kass:

Greetings. You should speak with an attorney about filing a Divorce from Bed and Board action and possibly threatening a domestic violence action if he continues his threats. The court can remove him from the home with the Divorce from Bed and Board action. 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.


My husband & I have been married 6 1/2 years, have 2 children 11 & 5 together and I’ve asked for a legal seperation due to his long term infedility & Anger issues (no physical abuse - but some verbal & some threats). He is refusing to leave. He works for law enforcement and is playing the children against me. I don’t believe in involving the kids, but he does…He’s told them it’s me that wants to break this family apart, and he would never do that, nor ALLOW it. Says he’ll do what ever it takes to make sure we all stay together. He says the police will have to drag him out of this house. He could never afford it on his own, but I can, & I also believe the children need to stay in the home with me, as not to disrupt their lives to extremely, by forcing them to settle in a new unfamilar place. I don’t want any money, and I don’t believe in revenge…Just peace and this house for my children, nothing more. I’m torn by the fact that I may have to get law enforcement involved to get him to leave, but the revenge he would seek, I know he will go through the kids to hurt me, and will ultimately destroy their emotional well being. I’m beyond anger, I’m totally lost and living a life I don’t like my children to see. What to do?