Additional Info: I don’t have any family or friends that can let me and my 2 small children stay with them and not enough money to move out right away. Is there anything legally I can do to make him leave while we start the divorce process?
Answer: I would suggest that you consider divorce mediation as a way to not only resolve the issues surrounding divorce but to figure out logistically how to live physically in separate places. In mediation you can discuss what are the concerns that your husband has relative to moving out. Does he realize the divorce is inevitable? If so, he may be refusing to leave because of issues you may not even be aware of. He may think that if he leaves he can be accused of abandonment. Many many people are worried about this and afraid to leave the marital home. With legal information from a mediator he can learn that this would not be an issue, judges realize that someone does have to leave. He may not want to leave until a parenting plan is in place, assuring him of ample time with the children. He may also feel that if he leaves he gives up his right to the home if you own it. These concerns can be addressed in mediation and a preliminary agreement can be reached just to enable a separation to occur. You certainly should speak to a divorce and family law attorney in your area to go over what your rights may be in this situation.