I want to get a divorce. How do I get him to leave?

My marriage is not working. We are completely incompatible. I want to divorce him, but I don’t know how to make him leave.

Asked on December 12, 2017 under Family Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless and until there is a final decree of divorce or a legal separation is in effect, you cannot make your husband leave since your home is still considered to be the "joint marital residence". This means that you both have the right to occupy the premises, no matter whose name the lease/deed may be in. At this point, you should consult directly with a divorce attorney in your area; they can best advise you further.


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