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

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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

Answers:

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

Answered 10 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. 


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