Legal Question in Family Law in New Jersey

Re: Husband will not agree to divorce - how do I get him from home

I would suggest you consult a local attorney immediately. You have made allegations of abuse, and should take these allegations to court.

I believe you are correct, that serving him with divorce papers while you are living together could be dangerous to you.

He can't prevent you from divorcing him. He can just make it difficult. My guess is that he is just trying to make you feel helpless.

If you would like to discuss this matter further, please call me at 845-362-0387 during regular business hours.

Re: Husband will not agree to divorce - how do I get him from home

You obviously have "fault grounds" for a divorce; thus, his consent is immaterial. You also may have the right to obtain a Restraining Order which would require him to leave the house. In such case, he may be required to support you while the divorce is pending. However, there is alot to do and your strategy may be dictated by many factors that are not apparent by your question. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Husband will not agree to divorce - how do I get him from home

hi, barbara -

you can't get him out unless there is a restraining order against him for an act of domestic violence. otherwise, you can file for divorce whether he agrees or not.you don't have to move out first. you should probably get a lawyer to represent you; she can file a motion for spousal support, etc. if you have any further questions, feel free to call me at 609 263-0089. good luck !!