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I want a separation. how can i get my husband to leave the house? he won't go.

Olympia, WA |
Filed under: Divorce

he has had a drinking problem for a long time but now he is unable to work. he will not go to rehab. i want a legal separation but how doi i get him out of the house?

Attorney Answers 1


Separating households can be tricky. You can file for divorce and ask for a temporary court order that gives you possession of the house while the divorce is pending. It will be up to a judicial officer to decide whether to require him to move out. You have not mentioned the financial resources or resources available to your husband to afford his own residence. His ability to find other housing, and possibly your ability to pay for it, will be a factor. It is unlikely that a divorce Court will force him into rehab for alcohol, although it could be a condition of a parenting plan. There are other types of restraining orders that may also be appropriate to your case, but I would need more facts, including whether there are children involved.

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You cannot "legally" get him removed from the home short of either (a) having some kind of domestic violence situation where you need an Order for Protection issued, thereby removing him from the home, or (b) filing for divorce, having a temporary hearing, and having the house awarded to you. If you can "convince" him to leave voluntarily, that's up to you. Whether it comes back to hurt your case is dependant on a host of factors.

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