Legal Question in Family Law in Virginia

removal of spouce from joint home

I want to divorce my husband. He is a herion addict liar, drunk,etc..He makes no finacial contributions to our family, and does not assist with the care of our two children. He will not leave on his own. I have tried to get the police to help me remove him since he is on drugs and I feel that it is dangerous for him to be around the children. The police said there is nothing they can do unless he is violent(he is not) What can I do? I refuse to lose the house to him, since I have the children and have always taken care of it anyway. How can I make him leave??

Any suggestions you might have I would greatly appreciate.

Thank you for your time,

M.Dell'Aria


Asked on 2/09/02, 1:20 pm

1 Answer from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: removal of spouce from joint home

This is one of the toughest questions facing psychologically abused cohabiting spouses in Virginia. Absent cruelty or some other fault ground against your husband, you may yourself be charged with the fault of "constructive desertion" if you throw him out. The solution is complicated, and you should see an attorney on this question.

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Answered on 2/09/02, 5:58 pm


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