My wife is currently abusing alcohol and prescription drugs. I want to separate, but am concerned about how to approach this with a small daughter. I would prefer to stay in our current home and keep custody of my child in order to make sure she is safe and her needs are met.
Can I ask my wife to leave the house? What if she refuses?
You may ask your wife to leave. If she refuses you may file an action for a court ordered separation. A claim for what is called divorce from bed and board in which you seek her removal from the residence based on her misconduct is proper it she will not leave on her own.
Thank you for the response, Erin.
How do I go about filing an action for a court ordered separation? I presume I first need to get an attorney, correct?
Yes, I would recommend you retain and attorney first. Your action will begin with filing a lawsuit with a claim for a divorce from bed and board.