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

UPDATED: Oct 1, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.
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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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