How can I get my husband to move out and stop stalling the divorce?

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How can I get my husband to move out and stop stalling the divorce?

I filed for divorce from my husband 9 months ago; a month prior to me filing he quit his job. We’ve been married 3 years this week and I bought the house 10 years ago. He has a house that he rents and says he can’t move in until he has a job. The issue is he does nothing to find work, sleeps until noon, goes to a casino every day, lays in the sun and works out. We have an 11 years old daughter and the home environment is like I’m walking on eggshells; it’s so stressful. I’m working full-time and paying all the bills. He also says if I want him out I will have to pay him rehabilitative alimony. What can I do?

Asked on April 25, 2012 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need an attorney to kick him out of your home. Act quickly. This is a short term marriage and he won't qualify for palimony. He will, however, be required to pay child support and you need to show that he attempted to defraud you by quitting his job prior to your filing for divorce. If this is your home and he is not on the mortgage or title, kick him out. Get a restraining order against him. Show the court (provide proof, so you may need a private investigator) that all he does is gamble all day and not work and that this is a dangerous situation for your child. You cannot do this alone; you need a lawyer to help you stop him from dragging his feet.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need an attorney to kick him out of your home. Act quickly. This is a short term marriage and he won't qualify for palimony. He will, however, be required to pay child support and you need to show that he attempted to defraud you by quitting his job prior to your filing for divorce. If this is your home and he is not on the mortgage or title, kick him out. Get a restraining order against him. Show the court (provide proof, so you may need a private investigator) that all he does is gamble all day and not work and that this is a dangerous situation for your child. You cannot do this alone; you need a lawyer to help you stop him from dragging his feet.


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