|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Divorce > I want a divorce but my husband refuses to leave our Rockingham Cnty, Va. residence. What legal options do I have to make him leave?|
You cannot force your spouse out of the marital home, except in rare circumstances. I have had some clients who even owned the home prior to the marriage, but in order to complete their separation, they themselves moved out of the residence and stayed somewhere else until the house was awarded to them in the divorce. You may have to consider doing that. It is possible to ask for exclusive use and possession of the marital home in a divorce, but in order to file for divorce you have to have grounds for divorce, which is usually a six-month or one-year separation period, unless you have fault grounds, such as adultery, cruelty, or desertion. The other way that spouses can be removed from the marital home is pursuant to a protective order in cases of domestic violence. I have had clients who tried to claim they were separated while still living in the same house, but that is very difficult to prove and you would need a very good witness to verify the living situation. I generally recommend against trying that.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.