You can seek an order giving you exclusive use and occupancy of the residence - but you'll probably need the help of a local attorney.
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Most lawyers advise their clients not to leave the marital home until a deal is reached so I doubt he will just up and leave.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Unfortunately, unless he has been violent you can't get an order of protection to get him out. That leaves you with getting a divroce as the only means of getting him out. You should speak with a local divorce/family law attorney about the specific facts of your matter.
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Unless he does something that enables you to get an order of protection, you cannot make him leave. You should speak to a lawyer about a divorce. While divorces are not cheap, it may not be as expensive as you think. Also, don't be afraid of what he might do. There might not really be that much to fight over. Listen to your lawyer. Do not let your husband intimidate you into remaining in an unbearable situation.
Like many Buffalo are attorneys, I offer a free office consultation. Please feel free to call for an appointment if you would like.
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WIth the new Domestic Relations Law, you won't have to worry about your husband contesting the divorce, since you can file under Irretrievable Breakdown. As for asking your husband to leave, unfortunately, he doesn't have to leave, must like he can't force you to leave. If he is cruel toward you and it rises to the level of a family offense, then you can file a petition in Family Court, obtain an order of protection and have him removed from the residence.
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