Husband doesn’t want divorce and won’t move out

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Husband doesn’t want divorce and won’t move out

I want a divorce, my husband doesn’t. Mortgage is in my name, i’m the bread
winner, husband is ‘disabled’. He says he won’t sign divorce papers, he won’t
move out. How can I get him to move out? Do I have to wait until the divorce is
finalized? Can he keep me from getting a divorce by simply not signing any
papers?

Asked on July 17, 2018 under Family Law, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he can't stop you from getting a divorce. You can file a divorce case in family court (a part or division of country court) and a court can grant you a divorce over his objection. No one can keep another person married against her will. While a lawyer would be undeniably helpful, you are legally allowed to do this yourself ("pro se"). You can get a divorce based on "irreconcilable differences"--basically, that you no longer want to live with or be married to him. Below is a link to a ND court webpage that itself has links to informative websites or documents about the divorce process in your state; you will be filing for a "contested" divorce, because your husband will not agree to the divorce.
http://www.ndcourts.gov/ndlshc/FamilyLaw/FamilyLaw.aspx
Bear in mind that if you are the breadwinner and your husband is disabled, you will almost certainly end up paying him support (alimony). You and he will also split or divide the marital assets (anyting acquired during marriage).


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