Can I evict my husband from our home before we are divorced?

Asked almost 5 years ago - Morganton, NC

I have three children with my husband, two of whom are autistic. I have worked very hard to make my home safe for them and do not want to leave. My marriage counselor said that she believes I am in an abusive relationship and that I need an "exit strategy." She suggested I leave him and gave me a brochure to a local domestic abuse shelter -- but as I said, I want to stay in my home. I would prefer that my husband be the one to find a new home, but he has refused to leave. Can I evict him before we begin a divorce?

We have been married for 9 years and recently began marriage counseling. After 6 visits they insisted that my husband continue counseling alone. They offered to continue to provide me with counseling if I chose to continue and made an appointment to see the counselor alone. During our first meeting, she made the suggestion that I leave my husband.

Attorney answers (1)

  1. Sarah Carr D'Amato

    Contributor Level 10

    Answered . There is a process where you can made the court order him out of the home while you are in the process of separation and/or divorce. It is called "divorce from bed and board," and it requires that you show the court/judge that your spouse is abusive, adulterous, addicted, or other similar "indignities." An order for divorce from bed and board can require that he move out in a reasonable time and grant you and your children possession of the home. You may also ask the court for post-separation support if you are dependent on him and you can also ask for a temporary order for child custody, as well as for child support.

    A divorce from bed and board does not grant you an absolute divorce, so you won't be free to remarry until you've obtained an absolute divorce (one year separation required).

    I strongly suggest you obtain an attorney in order to get this process going. In some cases, your attorney may be able to ask the court to order your husband to pay your reasonable attorney fees.

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