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If the wife wants a divorce, can she force her husband to leave the house if he has never been abusive in any way?

My good friend since chilhood was just faced with a living nightmare. His wife of 10 years said she wants a divorce, no if's, and's or but's about it. He is melting in his own skin from greif, he thinks she met someone else right under his nose & he never noticed.

Anyhow, she is trying to make him leave the house. He does not want to. He is a SAHD, and wants to be with his son. He is so scared he is going to turn into the weekend dad & he does not want that AT ALL.

So, does he have to leave if she says so? He does not want to, he wants to try to work it out. She just told him 3 days ago.

FYI, he's a great father & husband. He's never ever been abusive in any way. He's a good man.

 
samurai_chica

Asked by samurai_chica at 10:13 AM on Nov. 18, 2010 in Relationships

Level 35 (74,081 Credits)
This question is closed.
Answers (10)
  • By the way, if I were him, I would consult an attorney immediately, because if he does leave the home without an official separation, she may be able to come back later and say that he "abandoned" herself and the child. I hope she wouldn't do something like that, but it seems that she may be capable of acting in ways that he didn't expect. I'd hate for him to get burned on that end too.
    vicesix

    Answer by vicesix at 10:18 AM on Nov. 18, 2010

  • She should leave. The one who wants the divorce should be the one to leave. Also he should be able to stay and continue caring for his son since he is the main caregiver. She should also be made to pay alimony :)
    ashisamom

    Answer by ashisamom at 10:16 AM on Nov. 18, 2010

  • Well, he needs to get a lawyer. He won't have any choice about the divorce, but he may be able to make her leave the house. Usually the caregiver for the children stays in the house, and the other spouse has to leave. He needs to get a lawyer NOW.
    ohwrite

    Answer by ohwrite at 10:17 AM on Nov. 18, 2010

  • No, I don't believe she can FORCE him to leave, especially if his name is on the deed/mortgage. I really hope they can work something amicable out. How sad for him.
    vicesix

    Answer by vicesix at 10:15 AM on Nov. 18, 2010

  • He needs to get a good attorney, file for divorce and temporary custody so he can stay put... He doesn't have to leave, but should make sure he keeps the children in the home until it's all final. GL to him.
    MrsLeftlane

    Answer by MrsLeftlane at 10:18 AM on Nov. 18, 2010

  • I don't think she can make him leave, and if I were in his shoes, I would not. If she is determined to do this, I would not do one thing to help her get it done, especially since he does not even want it to begin with. Tell him to stay put, and if she can throw him out legally, make her have to do it.
    NannyB.

    Answer by NannyB. at 10:33 AM on Nov. 18, 2010

  • The problem with doing nothing, is that if she goes to court first, she will be more likely to get what she wants. My attorney told me that the person who actually files for the divorce generally has the upper hand in court. Even though he doesn't want this, if she is being nasty, he won't be able to stop her, and he is better off being "in control of the situation" at least as much as possible, than he is letting her handle things....she won't do it for his benefit.

    Since he hasn't worked, he may even be able to make her pay his attorney fees, but he really needs to get legal advice as soon as possible.
    ohwrite

    Answer by ohwrite at 10:39 AM on Nov. 18, 2010

  • Nope. It's his home. She cannot make him leave.
    admckenzie

    Answer by admckenzie at 11:08 AM on Nov. 18, 2010

  • Thanks guys. Good advice! I did not know what to tell him really, so you ladies helped me a lot!
    samurai_chica

    Comment by samurai_chica (original poster) at 10:30 AM on Nov. 18, 2010

  • Not 'force' if not abusive, but you can have in your temporary orders hearing that you want him to move because you want your child/ren to remain in their familiar enviornment. I had my ex move out.
    rio_burb

    Answer by rio_burb at 12:28 PM on Nov. 18, 2010

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