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Question for a friend - how to get him out of the house

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JanaGreen posted 7/3/2013 15:13 PM

I'm asking for a friend. There's no infidelity in her situation or I'd direct her here. Her H has a bad drinking problem and punched a hole in the wall while they were arguing a few days ago. She wants him to leave the house but he refuses.

Does she have any legal way to get him to leave? She would leave herself but she doesn't want to uproot her children.

devistatedmom posted 7/3/2013 15:17 PM

She should have called the police when he was punching holes in the wall. The police would have removed him, and then she could have seen a lawyer to have him permanently removed.

I'm assuming she doesn't have a police report, which makes it difficult to "prove" he is a danger to her or the kids, but I'd say go see a lawyer, and see if she can file, having temp orders drawn up giving her exclusive use. That would be the first step.

JanaGreen posted 7/3/2013 15:32 PM

Thank you so much - I knew I would get good advice here.

Beyond posted 7/3/2013 15:51 PM

Get some legal counsel ASAP!

Depending on the state, she may be able to file right away for "absolute divorce," versus having to be separated for X amount of time. In many states, certain factors provide the basis for absolute divorce - including but not limited to infidelity (if you can prove it - my friend did), alcohol and/or drug addiction, violence/physical abuse, etc.

Best of luck to your friend!

-Beyond

JanaGreen posted 7/3/2013 15:54 PM

She's in Canada.

I don't think she's ready to file but she does want him to know she's serious (I don't think he thinks she is, at all).

ETA - and thank you!

[This message edited by JanaGreen at 3:55 PM, July 3rd (Wednesday)]

peridot posted 7/3/2013 17:37 PM

The next time he is drunk and decides to hit a wall she should call the cops, get him out of the house and change the locks so he can't come back.

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