Husband refusing to let go

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I have been separated since October. We had an open relationship before that (sex w/others was allowed) and when he moved out, he moved in with a “girlfriend” and they got “engaged” - which was FINE b/c I wanted him gone. Now, their relationship isn’t great and he’s trying to control my life & says we’re gonna “work on us” and he’s “staying at the house to keep me in check” and is essentially forcing his way into my home to stay.

We have not signed a separation agreement - but he has the address of the apt. they shared on his bank account, etc.

I have not had any other relationships since we’ve been apart - really enjoying being responsible for me.

So, at this moment, I’m at work - and I can put money on it that when I get home, he’ll be there expecting to stay. He still has some things there. He still has a key (to be able to access things for the kids when he occasionally has them). Do I have ANY thing I can do to keep him out?

This blowup happened b/c I asked him if he could keep the children for me to go on a group camping trip in 2 weekends before I made other arrangements for childcare, by the way. He’s been living with someone else for most of the last 6 months.

I am so ready to be divorced.

2

Also - what do I need to get a restraining order of some sort - do they even make a difference? I don’t want his record to get screwed - which in turn affects his ability to find work, etc…however, I also forsee possible abuse if he’s not getting his way.

He keeps telling me I ‘have no proof’ that he hasn’t been living there and that I have “no way to keep him out” and to “go ahead and call the police if I want to - they can’t do anything to make him leave”.

Do I have ANY options here? I should’ve stopped being nice months ago.

3

Since he has returned to the home you cannot at this point force him out. Unless there is physical violence or the threat of the same you cannot get a restraining order.

You may want to consider filing an action for divorce from bed and board, which is a claim for relief in the form of a judicially ordered separation (the judge can order him to leave) based on martial misconduct. In this case your basis for relief is his adulterous relationship.