My husband willingly left our home on March 19th at 4am due to my catching him having an affair with a woman he acknowledges was providing him with illegal drugs. His phone dialed me during intercourse.
We had recently purchased a house with disability backpay from my minor child.
I am currently living in this house with our children 3 of whom are disabled. My husband came by to get some things and because I wouldn’t respond to him correctly tried to state he was resuming residence here. I called the police and they did convince him to leave finally but stated that if he continued to harrass me with nasty text messages I could ask for a restraining order. The officer took the time to call me back after he left to let me know that might be an avenue to pursue.
My soon to be ex has a long history of domestic violence against me, mental illness, and even has a record of child abuse. There has been no recent domestic violence just harrassment.
Is there anything I can do. He has been living in Brevard, NC since March 19th, 2011. I don’t want him to just come in on us because once he’s in there is no telling what might happen.
If your husband voluntarily moved out of the home you may change the locks. If you are in fear of imminent bodily harm you can and should seek a domestic violence restraining order against him.
My husband got into a disagreement with our 18 yr old daughter and packed his clothes to move out but stayed for next 3 days but didn’t talked to anyone. Then on day 4 he finally talked to kids but not me mind you each might he locked himself in his room. Then disappeared for 2 days didn’t tell any one where he was going or when or if he would be back. Then came back for a day and left a day. Basically doesn’t speak to anyone. He knows I want to split up because he has not tried to work on our relationship since I confronted him on cheating on me. He said both our names are on the deed so he’s not moving out but our son want to stay with me so I really think it is better for my husband to move out. Also I have my grandson to care for as well. How can i get him to move more than just his clothes out? And stay gone?
There are 3 ways you can get your husband to move out to begin a separation:
(1) Negotiate a separation agreement with all applicable terms (equitable distribution, alimony, child custody, child support) and include that he must move out within 30 days of the date of execution of the separation agreement. This will require voluntary cooperation on his part.
(2) File a divorce from bed and board action against him. If granted, this would effectuate a separation and a judge could order him to move out. This claim requires fault grounds. For more detailed information on this claim, check out our article What is a Divorce from Bed and Board?
(3) If your husband has committed acts of domestic violence against you or any minor children in your home, you can file a motion and complaint for domestic violence protective order. If granted, the order would require that your husband stay away from the residence. For more detailed information on domestic violence actions, check out our article Domestic Violence and Staying Safe.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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