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What are my rights?

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cinnord

Junior Member
What is the name of your state (only U.S. law)? California
My question is, what are my rights regarding making my husband leave our house? We have three kids, all minors. I have caught him for the second time in an affair, and he refuses to leave. The mental abuse I have received over the years, and am receiving now is unbearable.What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California
My question is, what are my rights regarding making my husband leave our house? We have three kids, all minors. I have caught him for the second time in an affair, and he refuses to leave. The mental abuse I have received over the years, and am receiving now is unbearable.What is the name of your state (only U.S. law)?
He does not have to leave the marital home. You, on the other hand, can leave if you so choose.

If he is so bad and abusive, why haven't you filed for divorce:confused:
 

cinnord

Junior Member
I guess it's because I'm afraid. I like your quote, though. I'm definitely on the edge and about to fly.
I've told him to leave to give me space to work it through in my head. I've told him to go, and he won't. I've told him not to make me uproot our 3 kids and leave, but he won't leave. He keeps buying gifts, cooking, etc. and up until this moment, didn't think divorce was the only option. I thought we could seperate for a while and things would be clearer without all of the emotion. He won't give me space for that, so I guess I will have to take it to the next level.
Thanks for your reply.
 

Ohiogal

Queen Bee
I guess it's because I'm afraid. I like your quote, though. I'm definitely on the edge and about to fly.
I've told him to leave to give me space to work it through in my head. I've told him to go, and he won't. I've told him not to make me uproot our 3 kids and leave, but he won't leave. He keeps buying gifts, cooking, etc. and up until this moment, didn't think divorce was the only option. I thought we could seperate for a while and things would be clearer without all of the emotion. He won't give me space for that, so I guess I will have to take it to the next level.
Thanks for your reply.
You can leave. He can sue you for temporary custody of the minor children. He has just as much right to custody of them as you do. He would NOT be MAKING YOU uproot the children. YOU would be CHOOSING to uproot them if you took them when you left. There is a difference. A big difference quite frankly.
 

CdwJava

Senior Member
My question is, what are my rights regarding making my husband leave our house? We have three kids, all minors. I have caught him for the second time in an affair, and he refuses to leave. The mental abuse I have received over the years, and am receiving now is unbearable.
As you were told, you cannot make him leave absent a court order to that effect.

You can seek a legal separation and then a divorce, and a court may very well order him out of the house as part of this process. That is up to you.
 

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