Quickest Way to get him out of the house!!!

I am a mother of three, married for 16 years to a man who has no integrity, priority, or drive. I have spent the last two years of my life earning a degree and getting licensed in the health field so I can support my girls. It has cost me nothing to do this except for the weekly pay check I gave up to become a full time student. Question?...What it the quickest way to MAKE him move out? Laws are very strange here in NC and hubby is also educated somewhat in Basic Law Enforcement. What are my rights and legal procedures I must file to do this correctly. HE WILL NOT LEAVE....Has been mooching for a place to live for the last three years instead of doing the right thing and leaving. He has even suggested that I leave, but knows the kids will come with me if I do, and has threatened me with the law if I move back to my home State with them. Can I have the Sherrif serve him papers? I may misunderstood but I beleive Adultry, Abandonment and Alienation of Affection are not grounds for divorce in the State of NC...All of which he had done...which is why I got my butt moving toward my degree. I just want out without the big production...yet he will not agree...Please stear me to advice, legal aid, assistance, etc.

Have you filed for divorse? One of the first things they did for us was file a mutual restraining order and they will decide who gets temporary residence of the marital house. This restraining order is more so the spouse asked to move doesn't come back and take things from the house before division of your property is established. I guess you want to file for divorce, or maybe just filing a restraining order (you said he verbally threatens you) would make him be forced to leave. good luck.

Actually, you can move to another state with the kids. However, the NC courts retain jurisdiction over the custody issur until they have been living in another state for 6 months. If he files for divorce in NC during the 6 months, you have to fight custody there. HINT: the NC court will not like you taking the kids out of state!

File for divorce and ask for a temporary custody order, for use of the marital home, and for a restraining order requiring him to move out.

You need a divorce lawyer,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.