I am contemplating separation husband refuses to move out


#1

I have been unhappily married for 21 years to my husband, whom i believe has some sort of personality disorder. We separated briefly two and a half years ago but he would not follow through. He persisted with calls and texts and promises to “change” until he ended up moving back into the marital home a whole three weeks later. Since that time he has quit taking his medication for anxiety and is making me feel like i am walking on eggshells again. I have asked him to move out again and he refuses saying that if I don’t want to be married than I have to leave . He makes a significantly larger amount of money than I do and I am finacially dependent on him We have three olderchildren, 14,17 and 21. Not worried about the 21 year old but I dont want to move for the sake of the two younger children with school issues and such. We, for the time being are livng together but he is being very hateful to me I know this is a toxic environment for my children. I don’t want to jeporadize the amount of post separation spousal support that I am entitled to. Legally, what is the lesser of the two evils?

P.s. I have had an initial consultation with Rosen law firm but I need to aquire additional funding before I can proceed. Any advice would be greatly appreciated Thank you.


#2

You are free to leave with the minor children, and can then file for post-separation support, child support and custody immediately thereafter. Alternatively, you can try to file for a divorce from bed and board. You have to demonstrate he is at fault to get this, however. There are grounds you must show, such as habitual drunkeness, cruelty, malicious turning out of doors, etc., that he has done to you. What this will actually do is create a judicially enforced separation, which will force your husband out of the house and cut off certain estate rights. It does not grant a divorce, it is still a separation. You will need to wait one year and one after separation day prior to actually filing for an absolute divorce.