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?
Family Law Attorney
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.