A divorce is initiated on the filing of a complaint for divorce. Whether he leaves is legally a secondary matter. If you believe that you have a viable reason, the court can ask him to leave upon filing of a motion with reasons.
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Once you file for a divorce, you can ask the court to order him to vacate the home. It depends on the situation whether this is warranted though.
Assuming that your husband does not want a divorce (or isn't agreeding to terms), you shoudl file a complaint for divorce. You can ask the Court to order him to leave the home by way of motions for temporary orders. The specifics of your case will determine whether or not the Court would make such an order.
Christine DeBernardis (978) 777-5393
If you file a Complaint for Divorce, you can then file a Motion for Temporary Orders asking the Court to force your Husband to vacate (leave) the home. You will need to show reasons, such as he creates a hostile environment in the home for yourself and/or the children if applicable. This is not necessarily limited to physical hostility. You will also have to show that he has the ability to arrange some kind of alternate housing for himself. You should be able to identify a different place he could stay to the Court, since it seems from your question that he has no financial ability to get a place of his own. You cannot make him do anything until you have filed a 1B Divorce, however. Filing a 1B Divorce gives you the ability to ask the Court for temporary orders.
*For informational purposes only. Not legal advice.
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