My Husband and I Need to Separate But He Won’t Leave the House
It happens all of the time. One of the parties in a marriage wants to separate, but the other party will not agree to move out. Potential clients often ask if there is anything they can do, and it completely depends on the circumstances. Scenario 1: When There is Domestic Violence First and foremost, if you are in a violent situation, you need to come up with a plan to leave the situation in a safe manner. Sometimes that means filing for an Order of Protection and staying out of the house until your spouse is served by the sheriff. Often times in an order of protection, the Court will enter an the Order ex-parte (without notice to the other party). This happens when reasonable notice to the other side would cause further risk of harm to the person seeking the order protecting them. You can be granted what is called “exclusive possession” of your residence; of your pets; your property can be listed in the order, as well as your children. Spouses ...