Legal Question in Family Law in New York

Re: What is the procedure to remove my spouse from our home?

This is a difficult situation.

There are several ways to accomplish having him not reside with you and your three children.

1. The least intrusive is to file for a 'legal separation'. The terms will include an award to you of the marital residence (your home). This will avoid triggering any ACS or other governmental involvement.

2. The simplest is to go to the local police precinct, explain the situation, and have them come to the home and (a) confiscate his stash and then (ii) arrest him and have the court order that he not return to the home.

3. Initiate an action in 'Family Court' and commit to the ACS system. Reports and records will be produced that will have an impact for years.

There are no 'fun' options. The separation is the one that will have the least collateral impact on him and the family.