How to get spouse to leave while filing divorce

This is a discussion on How to get spouse to leave while filing divorce within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; A friend of mine is in a marriage that appears to be headed towards violence. She has asked him to ...

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Old Aug 2nd, 2009, 01:11 PM   #1
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Default How to get spouse to leave while filing divorce

A friend of mine is in a marriage that appears to be headed towards violence. She has asked him to leave and he says he will not because his name is on the house. Based on another friend's divorce experience, I was thinking if you file for divorce or separation, you can get a fairly quick temporary order for which spouse will have possession of the residence, vehicles, custody of children, etc. Can somebody give some direction here on what options there are for legally removing one spouse from the marriage residence while waiting for the separation or divorce proceedings to take place? I don't think anything physical has happened yet, but this husband has now started openly expressing rage towards her in front of friends, neighbors, family, etc. They have three children ages 8 and under and she works just part time. She will still need an order for financial support while other arrangements are made.

Thanks for any advice - quickly...
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Old Aug 2nd, 2009, 05:08 PM   #2
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Default Re: How to get spouse to leave while filing divorce

If the violence is escalating, and she has a protection from abuse order issued against him, that may just send him over the edge. More men break restraining orders than you can imagine, and that is just when the woman is the most likely to be hurt or killed.

In the absence of the POA, she should be the one who moves out. His rage isn't going to abate, it's only going to get worse from here. Men like that only step it up a notch.

If she wants to take her chances, and wants to remove him from the home, she will need to file a POA against him, but I caution, this could have violent consequences. He will not obey the order.

For her own safety, she is better off to move herself.
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