My husband won’t leave, won’t let my kids and I stay in the house without him, and yells at us constantly. What can I do?

I am married with two kids. My first son is from a previous marriage. Before marrying my 2nd husband, he had me sign a prenup saying if we divorced, he would get to keep the house, which is in his name. I don’t want the house. However, I do want him to leave until I can afford to get a place of my own. I don’t want to disrupt my two children’s lives. My husband verbally abuses me in front of my two children. I have nowhere else to go right now… is there anything I can do temporarily to make him leave temporarily until we have a safe place to go?

Asked on May 15, 2009 under Family Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a good divorce lawyer in your area, as soon as possible.  There are a number of ways to find the attorney you need, and one of these is our website, http://attorneypages.com

You will want to ask your lawyer if what your husband is doing would be considered domestic violence;  if so, you may be able to get a restraining order that will remove him from the house.  Domestic violence is not only physical, it can also be found in cases of verbal and emotional abuse.

It's possible that the prenuptuial agreement isn't valid.  There are a number of things that have to be included in a prenup, and you should bring that along when you see your lawyer.

However, your husband might not need the prenup to keep the house -- at the end of the divorce.  But, in the meantime, it is still your home, and your children's home.  Don't try to protect your rights, and the children's, on your own!


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