Legal Question in Family Law in Washington

Seperation from husband

I have been a stay at home mom for 6 years. My husband is verbally abusive and volitile at times. He is also very harsh with my 15 yr. old. I can't take it anymore and would like him to leave for a while to have some peace and see if there is a way of making this marriage work. He will not leave. Is there any way to make him leave? If not, then would filing for a legal seperation force him to leave? How do I get him out? Also if we did divorce would I lose the kids to him because I haven't been the financial provider?


Asked on 8/31/08, 2:20 pm

1 Answer from Attorneys
Heather Young Tuell, Couture, Tuell & Young, P.S.

Re: Seperation from husband

Unless you file an action with the court your husband has just as much right to occupy the home as you do. If you file for a domestic violence order of protection, and the court grants you emergency relief, your husband can be immediately removed from the home. If you file for a divorce or legal separation you can ask the court to order your husband to vacate the home. You will not necessarily lose primary residential placement of your children simply because you have not been the financial provider, just the opposite is likely true. If you have been the primary care giver the court will consider this among many things when making residential placement for the children.

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Answered on 9/01/08, 8:22 pm


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