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I've told my husband I want a divorce and asked him to move out; He refuses to leave. What are my options.

Alpharetta, GA |
Filed under: Divorce

The house is in my name only and I pay all the bills. He is chronically unemployed ( gets a job, gets fired after a few months, stays unemployed for months on end, etc.) . I'm not looking to kick him out with nothing. I just want him physically out as soon as possible due to his increasingly erratic and violent behavior. He has a sister that lives close by with plenty of room. We have no children. He is currently employed at a job he "feels is beneath him" so it's just a matter of time before he'll quit or get fired.

Attorney Answers 3

  1. You can get a restraining order (known as a TPO) against him and he will have to move out and keep a certain distance from you and cease any contact whatsoever...once you get that, the sheriff will come and escort him out of the house if he refuses to leave voluntarily. I would also advise you to file the divorce papers as soon as possible. I'd be happy to meet with you for a free consultation, if you like. I am in the Cumming area, and I can travel to Alpharetta if needed. Maria Keller, 770-781-2576, or email

  2. I agree with my colleague about a possible restraining order, however, your post did not indicate sufficiently whether the facts warrant a restraining order or not, as people have different definitions of "erratic and violent behavior". Setting the restraining order issue aside for a minute, the only thing you can do to move this along is file for divorce and ask for a temporary hearing. Since you are in Fulton County, there is additional procedural matters you would have to deal with (status conferences) that could be explained by the lawyer you hire. The short answer is your option based on the information you provided is to hire counsel and file for divorce, and maybe if the situation warrants it talk to a lawyer about the potential for a restraining order.

  3. It might be your house, but it's his residence. You can't evict him. You need to file for divorce ASAP.

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