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Reged: 01/01/12
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Husband won't leave the house
      #772635 - 01/01/12 04:43 PM

I have asked my husband for a divorce. I have one child by him and two from a previous marriage. We own a home. I have asked him to leave the home until we go to court so that I won't have to uproot my children and he is refusing to leave. What rights do I have? I am just now finishing filling out the divorce petion, but should I file for seperation, or should call the police to have him removed? He is telling me that I have to take my children (including his son) and find a different place to live.

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Reged: 09/24/11
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Re: Husband won't leave the house [Re: ammidawn]
      #772646 - 01/01/12 06:02 PM

Neither one of you has to move out of the home without a court order. The police won't do anything without a court order -- unless there is domestic violence involved. If you file the petition, request a hearing dat (temporary hearing, OSC or whatever it's called in your jurisdiction) and at that hearing you can request temporary exclusive possession of the the home, temporary child support, spousal support and a custody/parenting plan. You are advised to hire an attorney. Hope this helps for now.

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Re: Husband won't leave the house [Re: Renny]
      #773148 - 01/05/12 01:10 PM

Thank you

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