If my husband refuses to leave and is not physically abusive, how can I get him out?

UPDATED: Nov 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband refuses to leave and is not physically abusive, how can I get him out?

Can I get my husband to leave if I file for a divorce? He is very mentally abusive and goes into drunken rages.

Asked on November 11, 2011 under Family Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  If you are in fear for your life when he goes in to these rages you need to call the police and to have him taken out of the home.  Once these actions are established you can ask the court to issue some form of protective order to keep him away. You can use the physical fear and the mental abuse both to establish the need for protection.  But if you file for divorce you can also request that you have exclusive occupancy of the marital home  - at least temporarily - while the issue of asset distribution remains unsettled. Please speak with an attorney in your area as soon as you can to protect yourself here.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption