I’ve posted here, and read quite a bit, as I’m in the same situation. From what I understand, and someone correct me if I’m wrong (please let me be wrong) there is no time limit for him to leave. If you want the separation, and he won’t leave, the only way (other than a divorce from bed and board, which is very expensive and time consuming) to separate is for YOU to leave. That’s it. Unless he’s abuse, and it can be proven, or there are any of the factors for the divorce from bed and board, there is no way to force him out. Period.
Unfortunatley you are right with that. The home is marital property and he can stay. The start of the divorce process does not start till yuo are living separate. Well that is dumb how do you start it if he will not go, you have kids and do not want to up root them? It seems a little backwards to me.
But if bed and board is an option for you, you can try to do it with no attorney. If you have clear cut circumstances the judge most likely will grant this for you. However it is not a full divorce, all it does is get the accused spouse out of the house and the process started.
If you can gain the knowledge I do not see how this can get too expensive. I could be wrong I have started it on my own lets see how far I can get without too much expense.
Unfortunately he does not have to leave, if he chooses not to you have two options; the first, and often easiest, is that you can move out yourself. The second option is that if you have grounds to do so you can sue him for a divorce from bed and board and ask the court to evict him from the residence.
If you sue him for a divorce from bed and board, the court will have a hearing on that issue.
Here is some more information about a divorce from bed and board;
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In late July, my stbx and I discussed our separation. I have not moved forward with the paperwork because of 3 kids, school starting, birthdays, etc. Now, I am ready to give him the papers and want him out. However, he has told me that he can’t afford it, can’t get an apt. (bad credit,) can’t afford child support, blah blah blah. Question #1 - What is a reasonable timeline to expect him to leave (given that this conversation took place 2 1/2 months ago.) I don’t think he took me seriously until about 3 weeks ago. I also don’t think he’s going to go willingly because I’m his crutch, he has lost numerous jobs, etc. Question #2 - if he won’t leave, is it accurate that I’ll file papers, and if he won’t sign, a hearing will take place?