I’m fed up with my husbands cheating and alcoholism. I am prepared to tell him he is no longer welcome at our home until he figures out which life he wants…can I do that? I am very scared because I don’t know what to do next. I am not vicious and I don’t think I can do anything drastic ie. change the locks. I don’t have any substantial income and I am a stay at home mom. As far as cheating and alimony…I have a little proof but not much, I also have people that may be able to testify…what proof do I need, I’ve heard sex? Do I need to hire a PI? I am confused about cheating and alimony? Does he have to continue to keep us (the children and I) living the way we do? I don’t want to take his money I just want to make sure my kids and I will be ok. I did create my own bank account. But I’ve heard he could clean out our joint and close me out. Also he did bruise my arm after he tried to shove me out of the bathroom after he refused to participate in a disscusion, I did take pictures. Again I love my husband and I don’t want to “take him to the cleaners” I just want him to stop bringing his bad choices home along with the filth of this hooters girl he has been with. I do want to sue her for alienation of affection, not to get money from her more to make a point. Also I think there would be sufficient evidence on his cell phone, he has deleted a lot but I know it is probably saved in the phones memory…is there any way to seize his phone to pull off any information? Sorry for all the questions, I’ve finally grown a backbone and hopefully it won’t come to divorce but I can’t let him do this to us anymore. Thanks
You may ask him to leave, but unless he does so willingly you cannot change the locks or keep him out of the residence.
You may want to consider filing an action for divorce from bed and board based on adultery and habitual drunkenness. Such an action allows a judge to order him to move out of the house. You can also include a claim for spousal support as part of the action.
If you are a dependant spouse you are entitled to alimony even if he did not commit adultery. The statue says that a supporting spouse who commits adultery shall pay alimony, however if you are actually and substantially dependant on his income and he has the ability to contribute to your needs, you will receive an award of support regardless. Alimony is meant to help you maintain the standard of living you enjoyed during the marriage
Adultery is any sexual act as defined in the statues (this includes oral sex and penetration of any kind).
You cannot seize his phone, but if you pursue an action against the 3rd party, you may subpoena the phone records.