Home > Research Legal Advice > Divorce / Separation > I want to separate but my husband won't leave. How do I get him out?
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Asked over 2 years ago - Rock Hill, SC
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I live in Rock Hill and the law says we have to live separately for a year to get divorced. The house is a rental. We moved there for my kids to be in a nice neighborhood and stay in their same schools. The lease is in both our names but all the utilities are in mine. I can afford the place by myself but he cannot.
I told him I want him to move out but he won't. Is there anyway to force him to move? There is no violence so filing a restraining order is not an option as I have no grounds to do so. I just want him to leave.
You may file for temporary custody and child support with the Family COurt and ask the court to award you temporary possession of the marital residence.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.
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