What are my rights

[bethinpa]

What is the name of your state (only U.S. law)? PA
I want to separate from my husband but he will not leave the house. I have 2 children (one is only 12 weeks) and really have no where to go with them. Is there anything I can do to make him leave?
thanks in advance

 

[nextwife]

What is the name of your state (only U.S. law)? PA
I want to separate from my husband but he will not leave the house. I have 2 children (one is only 12 weeks) and really have no where to go with them. Is there anything I can do to make him leave?
thanks in advance

It's his house, too. Why does HE have to leave?

Nobody has TO LEAVE UNTIL A JUDGE SAYS SO.

 

[bethinpa]

he is an alcoholic.....maybe I should've specified that in my last post. We also have a 7 year old.
Look, I'm just trying to find out how I can make this amicable. I'm not one of those wives who want to burn bridges. I just want what's best for my family. We've been having a lot of problems lately and it would be best if we separate. I would gladly leave but really don't have anywhere to go with 2 children.

 

[LdiJ]

he is an alcoholic.....maybe I should've specified that in my last post. We also have a 7 year old.
Look, I'm just trying to find out how I can make this amicable. I'm not one of those wives who want to burn bridges. I just want what's best for my family. We've been having a lot of problems lately and it would be best if we separate. I would gladly leave but really don't have anywhere to go with 2 children.

I am sorry, but he has every right to stay put until a judge orders him to move out. You will need to file for divorce or legal separation and ask to be given temporary sole possession of the marital home.

Or find someplace to go with the kids.

 

[bethinpa]

thank you so much for your help- I'll have to contact an attorney Monday.

 

[Farfalla]

I know that you are not suggesting that you move… but just in case. Regardless of whether or not he’s an alcoholic, if you leave the home and take your children, he can get an order that you return the children.

So you cannot afford to pay rent anywhere but you want him to move out and pay rent on a place for you and rent /mortgage for your current home? How do you intend to pay for a place to live once your divorce is final? Do you have a job or are you looking for one?
Where does he plan to live after the divorce?

The only way you can have him removed before a judge orders one of you to move is for him to be violent, you call the police, etc. (Do not construe this as me suggesting that you make a false report as that is not acceptable at all.) If there is a problem than talk to the people who handle help for victims of domestic violence.

Since you cannot afford to move and he does not want to… you’re stuck with the current situation for the time being. One of you can move out of the bedroom for sleeping at night. This is not unusual for people to go through.

 

[bethinpa]

hello- I do have a job and make fairly good money, almost as much as him BUT I still couldn't afford to just move into a new place. I could probably afford a 1 bedroom or 2 bedroom apt. I still have my car payment and school loan - plus medical bills from my c-section (my insurance only covers so much).
I don't expect him to pay for my new rent/mortgage. I just thought it would be easier if he left since all of the kids things are in the house already and our 7 year old is starting school soon- he doesn't interact much with the baby and probably wouldn't want to keep him anyway.
There aren't many apartments for rent in our small town - I'd prefer to stay here b/c I am active in my community and my son is in sports.

I think that's what we'll end up doing - different sleeping arrangements until we finalize things.

 

[Farfalla]

hello- I do have a job and make fairly good money, almost as much as him BUT I still couldn't afford to just move into a new place. I could probably afford a 1 bedroom or 2 bedroom apt. I still have my car payment and school loan - plus medical bills from my c-section (my insurance only covers so much).
I don't expect him to pay for my new rent/mortgage. I just thought it would be easier if he left since all of the kids things are in the house already and our 7 year old is starting school soon- he doesn't interact much with the baby and probably wouldn't want to keep him anyway.
There aren't many apartments for rent in our small town - I'd prefer to stay here b/c I am active in my community and my son is in sports.

I think that's what we'll end up doing - different sleeping arrangements until we finalize things.

YOu are best to not move or make him move until you file. All of this will be settled in the divorce proceedings. Generally it is best for teh children to stay in the family home.