Get Expert Family Law Article Advice from our Ask a Lawyer Topic Section on SingleDad. Jeffrey Leving is the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com. This month, learn about a Divorced Dad’s dilemma on evicting his wife out of his home while keeping his children safe.
Ask a Lawyer on Single Dad: How do I evict wife out of my home?
Get Expert Family Law Article Advice from our Ask a Lawyer
Topic Section on SingleDad. Jeffrey Leving is the nation’s leading Fathers
Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com.
This month, learn about a Divorced Dad’s dilemma on evicting his wife out of
his home while keeping his children safe.
Question: How To
My relationship with my wife is recently over and we are
still living in the same house together. We have a 5-year-old daughter together
and a 14 year old from my wife’s previous relationship who looks up to me as
her dad. I have asked my wife to leave my house and she refuses. My wife is 40
years old and she has become self absorbed, smoking marijuana 3 to 6 times a
day. She is hanging out with a 20
year old girl, she yells often at our children and myself so much so that our
14 year old has said that her mother makes her feel like she doesn’t even want
My wife spends more time texting on her phone than spending
time with the family. I am a professional property appraiser and able to
arrange my schedule around my family and have my 5 year old along with me. I
can work from home and have an office away from home set up for my 5 year old
if I need to work from there. I take my daughter to her swimming and gymnastic
lessons and maintain a healthy and stable environment for my children. My wife
didn’t even show up to my daughters last performances for the season and it
cause a lot of heartache for my daughter.
So I my question is ‘How do I get my wife out of my families
Answer from Jeffrey
You are in a difficult situation and I urge you to consult
with a skilled family law attorney at
once. Generally where a couple is still married, courts aren’t likely to
remove either spouse from the home unless there is domestic violence or another
compelling reason. However exceptions exist. For example, one
spouse may petition the court for a restraining order removing the other where
there is a history of domestic abuse. Courts may also grant an order
removing one spouse where continuing to live together jeopardizes the physical
or mental well-being of either spouse or their children. In your situation, a
court may find that your wife’s drug habits and verbal abuse create a dangerous
and unhealthy environment and grant an order barring her from the
home. Emotional abuse can be considered domestic violence.
Further if you haven’t formally initiated procedures to
separate – you should consider doing so. Sometimes taking the formal
steps of separating will force the other party to wake up and move from the
marital home. Although it is difficult to know exactly what is going on
with your wife, she is acting like someone who no longer is willing/capable to
be a responsible mother and wife. Once she realizes that you are serious
about ending your relationship she may take the cue and seek an alternative
place to live.
Living with a spouse in the marital home once a relationship
has deteriorated can be extremely stressful. To protect your relationship
with your children and help you maintain a stable and happy home environment, I
urge to consult with an experienced matrimonial attorney right away and visit
me at www.dadsrights.com.
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Lawyer on SingleDad
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RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
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