06-05-2012, 01:35 PM
Join Date: Jan 2012
Location: Southeast of Disorder
| | Re: Controlling husband blames everything on facebook
I am not a lawyer and this is not legal advice.
There are two ways to "force" him out of the house. Both of which are HIGHLY unethical absent ACTUAL, PROVABLE physical abuse.
Method 1. You can, based on your fear of your husband, file for a domestic violence restraining order asking for exclusive use of the family home. If granted, the police will evict him from the residence until the first hearing. At the hearing the judge can make the order permanent and he can be forced to stay away for up to as many years are your state allows for protective orders. The protective order, however, does not convey property rights nor does it extinguish his interest in the property for divorce purposes so this method accomplishes nothing long term other than get him out of the house and in theory protect you. Having said that, a restraining order is just a piece of paper and if he is as violent as you say then when served he may come after you. Remember, when seconds count, the police are only minutes away.
Method 2: File for divorce and at the first hearing, known as the pendente lite hearing, ask for exclusive use of the marital home while the divorce proceeds. Then negotiate away his interest in the farm during the D process.
The other, and most honorable method, is to convince him to leave on his own and let the D process play out. No matter how you slice it, it is not going to end well for either of you. Divorce is never pretty and both parties end up worse than if they just would have stayed married, at least financially anyway.