If he won't leave


#1

You might seek a divorce from bed and board based on the alcohol abuse. Given his recovery I do not imagine that a court would use this as the basis to remove him from the home.

Sorry.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

You may not have legal grounds but, you could use other tactics. I would suggest you stop being you. If you cook stop, feed your son before he gets home or get him something to eat out. Also, small children will eat things that a grown man won’t.

If you do any extra things for him stop… Eventually, he will get sick and tired and just figure he doesn’t have to take this and move out. This doesn’t work for everyone but at least it is something that might help. If he doesn’t leave perhaps he will stop being so mean spirited and try to be a better person.

Good Luck, and stay encouraged.


#3

Dear Seekingpath:

Greetings. I agree that filing a divorce from bed and board may be a good idea for you, or hiring an attorney to draft and negotiate a separation agreement with your spouse while you are both still in the home. Since your spouse will also learn that you have the option of a divorce from bed and board action through the negotiations, this would be the best option in my opinion.

I do not totally agree with Outty though, as the actions Outty describes may be considered “constructive abandonment” and fault of your own which would defeat your divorce from bed and board claim. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

Hi
I’d love some advice and/or clarification on whether or not I could make my husband leave our house. From what I’ve read, it seems as though his behavior is never quite ‘bad enough’ from a legal standpoint. He’s an alcoholic, but in recovery(even though he still has a lot of the alcoholic’s manipulative behavior). He has spent a lot of family money to no good end, but we’re not broke. He has a personality disorder, but that doesn’t seem to be grounds. He gets quite angry and irrational but has never been violent. My fear is that if I ask him to leave, he’ll refuse and I’ll be stuck with an angry, resentful manipulative person. I owned the house before the marriage, and it’s still in my name and I really don’t want to leave myself or have to take our five year old son away from his home. What, if anything can I do in this situation?

Thank you

seekingpath