Told husband to leave the home


#1

I just told my husband to leave (move out) of our home. We have 2 kids together. He has a pill problem that is totally unbearable for me. Driving me insane. This has been going on for a few years. Just cant deal with him anymore. Do I have any grounds to be able to tell him to leave? Which he did. Will this (making him leave) back fire on me later if I file for separation?
Your thoughts!!!


#2

If he had refused to move, you would not have had any recourse, so no, technically you did not have a right to ask him to move, but that doesn’t matter now that he has moved voluntarily.

Parties need to separate in order to divorce, and without knowing all the facts of your case, I cannot predict how you asking him to leave would impact your case.


#3

Kathleen, could you please clarify?

The poster indicated that the purpose of asking her husband to leave was a drug problem. Why wouldn’t her ‘recourse’ have been a divorce from bed and board action? From Rosen’s website:

“excessive use of alcohol or drugs rendering the condition of the other spouse intolerable” is grounds for this action. So, I don’t agree that she would have had no recourse or the right to pursue getting him to leave.


#4

Thank you wcom! You couldn’t had said any better ;).


#5

The poster did not ask specifically how to get someone removed from the house. She asked if she had any grounds to be able to tell him to leave, but telling someone to leave does not require legal grounds. Since the party has moved, there is no need to file an action for divorce from bed and board. Now, she can proceed with the other claims available to her as needed.