How can I get my husband to leave if he is abusive?

UPDATED: Oct 1, 2022

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How can I get my husband to leave if he is abusive?

Our marriage is over for a while. We fight badly almost every day, I can’t live like that anymore and my son will soon start do understand it. I requested him to leave the apartment, he won’t leave and says for me to disappear and forget our baby. We both have our names in the lease, I’m an immigrant I have nobody in the U.S., on the other hand my husband has his whole family around. I want him to leave so I don’t have to go after a new place and come up with thousands for down payment and month or so in advance. Is there a way I can make him leave? He’s abusive, although I have no proof, he’s abusing me mental emotionally and physically once.

Asked on November 18, 2017 under Family Law, New Jersey


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

Answered 5 years ago | Contributor

Unless there is a legal separation or final divorce decree, both spouses have equal rights to the "joint marital residence", no matter whose name the deed/lease is in. That having been said, there are exceptions. One is if a spouse has put the other spouse in fear for their safety. In that case, the victim-spouse can ask the court for an order of protection. This will require the abusive spouse to leave the premises, at least for a temporary period. At this point, you really should consult with an attorney about such an order and for help in filing for a divorce. Since money is an issue for you, see if Legal Aid can help. If not, see if there is a law school in your area as they typically run legal clinics that take clients for free or reduced fees. Finally, see if your local county/state bar association has a list of lawyers who represent clients "pro bono" (i.e. for free) based on their income.circumstances.

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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