I want a divorce. How do I get my husband out of the house? He is verbally and emotionally abusive. He doesn't work I pay all.

Asked almost 2 years ago - Waco, TX

He is waiting on SSI claim for disability. We have been married 9 years. We have one child together. She is 8. I also have 3 kids age 12, 14, 17 living in the house. He is verbally abusive and demeaning towards them. The house is in my name only.

I am afraid of him. He is a big man and can be quite mean. I want to tell him to leave when he comes back from visiting friends this weekend.

Attorney answers (2)

  1. Bobby Dale Barina

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    Contributor Level 14

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    Answered . You need to meet with an attorney to assist you in filing the proper paperwork. The Courts of Mclennan County have a standing order for Divorce filings that can be found at http://www.co.mclennan.tx.us/distclerk/Standing.... This order in affect establishes a Status Quo for the duration of the divorce. If you which to exclude him from the home you would need to file a request for a Temporary Order to have exclusive use of the Family Home. This is rare without the benefit of a hearing where your spouse can respond.
    An attorney can guide you through the process. Let your attorney know about acts of domestic violence as this will affect the filing and the outcome of the divorce.

  2. Daniel Seth Williams

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    Contributor Level 18

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    Answered . Unfortunately you can not just lock someone out. IF he did that to you it would probably trigger a claim of domestic violence. So you need to speak to an attorney and get something filed with the Court to order him out if he is not willing to leave on his own accord. Often times men such as he do leave, so if you have a support system, of mutual friends who would want to do this not to take his side or your side, but so that your 8 year old does not see mom and dad fighting anymore and your other kids dont see their mom being bullied anymore, he may come to his senses and just leave. Believe it or not, I have helped it happen many times with clients.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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