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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption