Going Thru Divorce - Husband Won't Leave Home

Only if he does anything threatening to you, verbal or abusive, and you call the police, that is the only way to get him out with a kick out order or restraining order. I just went through the same myself and I ended moving out, filing for divorce and then I will move back in - good luck to you.

Why are you making it so difficult for yourself? Soon to be x does not change the fact that he was your husband and is still the father of your children. It sounds like the bitterness that is usually associated with a divorce is still alive and well. It's understandable why you may feel aggravated, but why? If this marriage has failed and a divorce is in the process, he will eventually have to leave, provided the courts deem it so, but not until then, so for your own sake and that of your children, knowing that both of you decided the marriage is over, step out of where you are to where you want to be eventually. I mean if he is not causing you or your children harm. Perhaps you should elaborate on the stress factor you mentioned and how is it not good for your son? Would you not want an amicable divorce for the sake of your children? Will he still partake in the responsibility of raising your children? I do not want you to think I am siding with him, but in order to provide you with pratical advice, we need a bit more insight!

You may need to get your attorney involved. There is a standard 6 month waiting period on divorces. However, it sounds like your husband is either trying to hold on to you or trying to make you as unhappy as possible. Your attorney shuold help or tell you what to do. If you don't have an attorney, based on his behavior I would suggest getting one!

Since you live in Nevada, your attorney can file a Motion for Exclusive Posession of the house. While the home was acquired by you before marriage and is therefore your separate property, your husband has a "community interest" in it.

Your attorney should prepare a brief arguing the facts and law and attaching any relevant exhibits. Then a judge will make a decision.

Contrary to another statement by a poster there is no "six month" waiting period in Nevada.

Good Luck!

G. Muirhead, Esq.
Las Vegas

Is he in your bed room or his own? If his own : take off his door and the bath room doors, put a pad lock on the fridge and cancel the cable for the TV, store the door at a neighbors house...he will be gone with in 24 hours.. :)

It depends where you live. In Ca, If he lives there for more than 30 days, you can't kick him out without proper eviction forms (30 day notice to move out) or a judgment for him to move out.

The quickest way to get a judgment still takes about 4 days thru family law, but you have to get a restraining order and prove he is abusive or dangerous around the kids.

You're married now so whats yours is his . . . It's not your home, It's his home too, no matter who's name it's in . . sorry.

What are you missing? How bout a (BULLDOZER) lol Like to scoop up his belongings and him, and dump them out on the front lawn. He's obviously doing this to prolong things.It's his final hurrah so to speak. You know..."I'll show her miserable"!! It's a shame,that hes choosen,to leave you under such bitter circumstances. Divorce is tough enough, He could act like a mature adult, consider your condition,your feelings,and those deligate feelings of your three year old.But unfortunately hes drowning in self pity and only thinking of himself right now.It makes me believe, that you have given him a (Little ray of hope) for a reconcilation. Hes hoping,the longer he stalls,the more time,he has to sway you his way.Have you actually asked him to leave?Did you tell him, that you don't want to live like you are, and you don't want your three year old to be subjected to all the tension?Tell him, that if he cares about you and your son at all, he will leave, and stay elsewhere.If push comes to shove, you could leave his butt there, and take off with your son!Nooo I don't mean leaving him your home.He couldn't sell it if he wanted to.Its in your name.But he certainly would get the message, and that would give you some peace, till he was forced out. Best of luck to you hun.

Your children will shortly be "visiting" their father. Let your son enjoy the full time he has LIVING with his dad now since his life will be forever changed. Buck up and put on a good show for your son. The kids are most important. It is stressful, but an attitude change will make all the difference. Make it as pleasant as possible for your son. Feelings follow actions. Be glad that his Dad is there for him while he still has the chance.

I think your attorney is the only one who can help you. The "good old days" of the man leaving the home for their own bachlor appartment seem to have gone by the way side. I know a man who wanted a divorce, his wife didn't work, so he concidered the house his. She came home one night after visiting a fiend to find he had changed the locks. Poor thing didn't know what to do.

Is there any reason you can file a restraining order on him? Then he will have to leave. I ended up moving out of the house, but in retrospect, I would have been better off to keep my home, it would have been better on our six children... good luck..
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