What is the process in filing for a divorce and removing him from there home?

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What is the process in filing for a divorce and removing him from there home?

My daughter has been married to her husband for 5 years he is an alcoholic. We are going to have a family intervention and offer him a option to go through a detox/rehab program.He been unemployed for 2 1/2 years out of the 5 year marriage. If he decides not to participate in the program what is the process to move him out of her house and start a divorce process?

Asked on August 13, 2018 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He cannot be removed from the marital home except through divorce; only divorce can take away his right to live in their marital home. Typically, he would only have to leave at the end of the divorce, when the distribution of assets is finalized, if he he does not get the home (and your daughter does). IF he can be shown to present a physical threat to your daughter, it is possible that an interim court order could be issued while the divorce is still going on, requiring him to live elsewhere, but that would only be if he does present a threat of harm or violence. If your daughter does not wish to live with him pending divorce, *she* may need to leave the home (e.g. to live with you; you would not have to take him in, too). You daughter should consult with a family law attorney to better understand the divorce process and her rights in divorce.


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