If I found out my husband of 3 years has been soliciting sex on craigslist, can I get the judge to order him to move out but keep his financial obligation for the rent?

We tried counseling but it is not going to work. I want to file divorce but we rent a home with a lease that runs for another 7 plus months. I want him to move out but I need him to continue to pay his half of the rent. I have a son in high school and would prefer that my husband not stay here in the house anymore. If the judge won’t order him to pay his half of the rent can I then go to small claims court and would they be likely to rule in my favor?

Asked on November 14, 2015 under Family Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't do this *except* as part of a divorce, where it could potentially be part of a settlement or divorce decreee (court order). Otherwise, except as making decisions, ordering support, etc. as part of the dissolution of a marriage, the courts do not enforce marital morality or fidelity, and will not award one spouse money or support, or order a change in living arrangments.

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