What can a woman do if her husband says he can’t afford to move out and he can’t afford a divorce so he is staying in the house but their daughter is at risk due to his behavior?

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What can a woman do if her husband says he can’t afford to move out and he can’t afford a divorce so he is staying in the house but their daughter is at risk due to his behavior?

He used to be sober and he is drinking again he smokes pot all day long and watches porn. There is an 8 year old daughter in the house.

Asked on June 13, 2015 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The woman can divorce him: whether he says he can't afford a divorce or to move out does not change the fact that she has a legal right to divorce him. In the divorce, based on what you write, she will almost certainly gain full custody and he will be ordered to move out (or they will sell the home if it is owned, split the proceeds, and both move elsewhere; or he will stay and she will move, with proceeds or support from him--in any event, they will be separated).


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