Is there a way to force a spouse to leave the residence when filing for divorce?

Asked 9 months ago - Prairieville, LA

My wife is an alcoholic. The reason for my filing for divorce is to protect myself from her dangerous behavior and to force her out of our home. She constantly drinks and will not get into any kind of treatment or assistance program. When she drinks she becomes angry and mean, but has not physically abused me. She had previously said she would leave if I filed for divorce, but I do not think she is going to go willingly since she is deep in her disease and heavily drinking at this point. Is there anything I can do once I file for divorce in Louisiana to force her out of the residence. I live in Ascension Parish, in Prairieville.

Attorney answers (2)

  1. Dale M Maas


    Contributor Level 11


    Lawyer agrees

    Answered . file for exclusive use of the house and a hearing is set to determine if that will be granted. so, if you do not have a lawyer, run get one and file. if you have children, ask for custody also. and, if she truly has a disease perhaps subpoena, if you can, medical records. and, perhaps witnesses who know of these drunken rages.

  2. Betsy A Fischer

    Contributor Level 7

    Answered . If there is domestic abuse, you can request ex parte use (use without waiting for the hearing). If there has not been domestic abuse, you will need to request exclusive use and occupancy of the residence in your Petition for Divorce.

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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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