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

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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

Answers:

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

Answered 3 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.


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