Sixteen years of marriage, four kids. We are in Oklahoma. He refuses to move out until the divorce is filed or final. I want him to leave. Can I make him leave. There is no domestic abuse in this situation.
2006-08-23 11:14:15 · 41 answers · asked by campcbell 1 in Family & Relationships ➔ Marriage & Divorce
You poor thing! You have no legal grounds for making him leave unless the house is in your name and not his. If you don't want a divorce it might be a good opportunity to work on things. Maybe it's his way of putting it off because he's unsure, talk to him. If you do want a divorce it will make it harder for yourself and the kids if you stay. It might even piss him off if you are the mature one and you go somewhere if you have a place to go. It will be the best thing for you if this is what you want. He is being an immature jerk if he asked for the divorce but he won't leave. You will come out as the bigger person.
2006-08-23 11:18:22 · answer #1 · answered by lauriebug4 1 · 0⤊ 0⤋
I don't know what the laws are in your state. But if you are still living together you will not be able to do divorce papers. My husband did the same thing threaten me with divorce and would not leave the house so I went to a lawyer and that's when I found out that he could not get a divorce because we were still living in the same house even though we were not sleeping together. He could not file anything until one of us left. And it might be that same with you. If he's not abusive you can't get him with a restraining order. So go talk to a lawyer. Good luck.
2006-08-23 11:19:56 · answer #2 · answered by kitcat 6 · 0⤊ 0⤋
Sorry to say this, but he has as much right to the house as you. No, you cannot make him move out. If you can't stand it, then you will have to move. He has every right to be there until you file for divorce. Then the lawyers and judge can decide who gets to live in the house.
2006-08-23 11:16:53 · answer #3 · answered by physandchemteach 7 · 0⤊ 0⤋
Unless he takes a swing at you or is threatening the kids, I think you're stuck with him. BTW don't leave the house overnight or for long periods of time such as all day without a) arranging for appropriate care and/or b) taking the kids with you. He can turn around and tell the courts that you abandoned your home and children and have no rights to custody.
2006-08-23 11:17:44 · answer #4 · answered by baciandrio 4 · 0⤊ 0⤋
You can still get a restraining order through your divorce attorney. You can say that you are suffering mental anguish / abuse by him staying in the home and refusing to leave.
2006-08-23 11:16:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Is both of your names on the leash,rental agreement,owners of the house? which ever one applies? if he is then more than likely no you can not make him leave if his name and your name is together as living in the residence and theres not a domestic disturbance issue. if not YES you can make him leave! if he refuses to leave and you really want him gone try talking to law enforcement and seeing if theres anything they can do or you should leave.
2006-08-23 11:24:04 · answer #6 · answered by stressed&depressed 3 · 0⤊ 0⤋
If you go ahead and file the judge may make a ruling he has to move out until the divorce is settled.And you are being abused-EMOTIONALLY!!!
2006-08-23 11:16:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Draw lines in each room. You stay on your half, he stays on his....
Seriously why don't you leave? You don't want to live in that house anyway. Start your own pad with your kids and show him you don't need him anyway. Besides once you have your own place you can see what you have been missing while just sleeping with his pitiful a&s this whole time.
2006-08-23 11:56:45 · answer #8 · answered by BadAdvice 3 · 0⤊ 0⤋
reminds me of the movie "The war of the Roses"
Not good.. you know.. you could move with the kids.. grab what you can. if you own the house the divorce court could let you and the kids move back in and make him leave...
2006-08-23 11:24:13 · answer #9 · answered by Ibdreamin099 2 · 0⤊ 0⤋
He who files first wins - so go file for a PFA. Protection from abuse order. And I don't care if there isn't domestic violence, tell them you don't know what he will do. You don't after all. But NEVER EVER FOR ANY REASON TAKE HIM BACK!
2006-08-23 11:17:21 · answer #10 · answered by doc 6 · 0⤊ 0⤋