Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?
Married 12 years.
His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and kids. Despite asking him to stay away He refuses to leave and continues with verbal abuse, (hx of physical aggression and police visits no arrests) its taking a toll on the kids. I can see the damage its causing to my girls. I do not want to up root my kids. Need options and a plan. More details if needed.
A: There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is pending. The temporary orders can include granting one spouse use and possession of the family home thereby forcing a spouse who is abusive out of the home by court order. The temporary orders can be filed ex parte if there is a legitimate concern the other spouse may commit domestic violence. In other situations, the court will order one spouse to follow a timeline in which to vacate the marital home. The Court's temporary orders can also include payment of certain debts, spousal support and child support. Parties who are ready to take the next step toward Divorce should consult an attorney to go over all plans and options that are relevant to their specific case facts.
A: That's a difficult situation. Use the Find a Lawyer tab to talk to a few local divorce attorneys about your situation to find one you are comfortable working with. Many offer free consultations. When you file for divorce, you can ask the court for possession of the home, so he would have to leave. You can also ask the court for temporary custody, child support, and spousal support . Best wishes.
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