Q: How to legally compel husband to leave home in non-contested divorce?
I am filing for a non-contested divorce from my husband due to financial deceit and emotional abuse. I discovered he does not own the property he claimed and he refuses to contribute to living expenses. He has also become emotionally abusive, and despite owning the house in my name for 7 years before meeting him, he refuses to leave. I've requested him to leave for 6 months, but he insists 'You can't make me.' Law enforcement informed me that unless he is physically threatening, they can't intervene. His record includes multiple aliases, domestic charges, and open warrants in other states. How can I legally compel him to leave?
A:
You need to file your divorce complaint or proceeding and seek the assistance of the court. That is, as long as he is not being abusive or threatening. The police are very reluctant to get involved in domestic matters unless and until there is clear proof of abuse, usually physical, by one of the parties. It sounds like your "non-contested" divorce already shows signs of a contest.
You do not state how long you have been married but you having been in the residence 7 years prior to the marriage would be a factor in your favor for getting husband excluded from the home. I suggest that you seek the help of an attorney.
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