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Divorcing...spouse does not want to move out

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Desperate in NY

Junior Member
What is the name of your state (only U.S. law)? New York
I am at the final stages of divorce from my husband. I have asked him to leave (he has a child from a previous relationship who I helped get into the U.S. from another country) with his child out of my house. He signed a post-nuptial agreement; therefore, he cannot ask for my home, which I purchased 5 years before we married. He spends all of his nights out. By the way, he is unemployed and I am working. Returns when I go to work to sleep and shower; when I get home from work he goes out. We have a 2 year old son together. Can I remove him before the papers arrive or do I have to wait until I have them in my hand to get him and his child, who has been stealing from my 9 year old from a previous relationship) and has behaviorial problems,What is the name of your state (only U.S. law)?
 



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