legal separation and home-VA

[angela35]

Recently found evidence husband is having an affair-he has admitted to the affair. He has shown no desire to save the marriage, but will not leave our home. He typically is out with friends or at work until the early morning hours, then he comes home to sleep because he says he can't afford a hotel. When he is home he is verbally abusive-cursing and telling me how unhappy I have made him for over 2 years. We have a 10 month old daughter he shows no interest in (very little interest shown since her birth). Can I get him out of the house by filing for a legal separation? Or am I going to have to put up with him treating our home as a hotel until a divorce is final? I do not want to leave the home at this time because it is familiar surroundings for our daughter and because I fear being accused of abandoning him. We live in Virginia.

 

[lawrat]

Are you afraid him? Do you think he will hurt you or your child?

If so, get a restraining order and kick him out.

http://www.attorneypages.com

Otherwise, file for divorce and because you have a small child, usually he will be the one to have to leave.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.