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Newest Member: howcanyou (44619)

Divorce/Separation Post Reply     Print Topic    
User Topic: Question for a friend - how to get him out of the house
JanaGreen
♀ Member
Member # 29341
Default  Posted: 3:13 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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.


We're both in our 30s. One awesome 4-year-old daughter.

Posts: 6649 | Registered: Aug 2010 | From: Somewhere in the South
devistatedmom
♀ Member
Member # 24961
Default  Posted: 3:17 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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.


BS(me) 46, Two wonderful teens.
He is no longer my best friend. Repeat until it sticks.

WH says marriage is over: May 15, 2009.
EA#2 July 20, 2009. Legally sep: Aug 16, 2009. DIVORCED!!!! Signed Nov 23, final Dec 24, 2010, adultery listed.


Posts: 5407 | Registered: Jul 2009 | From: Canada
JanaGreen
♀ Member
Member # 29341
Default  Posted: 3:32 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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


We're both in our 30s. One awesome 4-year-old daughter.

Posts: 6649 | Registered: Aug 2010 | From: Somewhere in the South
Beyond
♀ Member
Member # 3011
Default  Posted: 3:51 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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


XOW.

Posts: 342 | Registered: Dec 2003 | From: Virginia
JanaGreen
♀ Member
Member # 29341
Default  Posted: 3:54 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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)]


We're both in our 30s. One awesome 4-year-old daughter.

Posts: 6649 | Registered: Aug 2010 | From: Somewhere in the South
peridot
♀ Member
Member # 18334
Default  Posted: 5:37 PM, July 3rd (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

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.


I think...therefore, I'm single.

It is what it is.


Posts: 4731 | Registered: Feb 2008
Topic Posts: 6

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