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I want to separate but my husband won't leave. How do I get him out?

Rock Hill, SC |

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 any way 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.

Attorney Answers 1


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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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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