My spouse told me over 3 months ago that he was through and wanted a divorce. I didn’t argue the fact as he had been unfaithful. Now in my mind unfaithful is constant and nonstop flirting with other women online, on the phone and in person. He hasn’t denied the fact that he’s got a girlfriend and has actually left the marital home several times to have “sleepovers” with her. My question is if he refuses to leave what can I do? He has been gone for 5 days now and no longer answers his phone calls or texts. In my opinion he’s now abandonded the marital house.
If your spouse is residing elsewhere and has taken his clothing and personal belongings you may change the locks and are completely within your rights to do so.
If he has not moved out you may want to consider filing an action for divorce from bed and board to seek a court order removing him from the residence. This is a fault based action and adultery is one of the statutory grounds under which you can seek such relief.