I live in Washington, and am seeking a divorce. Can I kick my husband out of the house? He is mentally abusive. 4 Answers as of October 24, 2012I am going to be filing for divorce, and currently my husband is still living in the house with me, though separate rooms, etc. I am physically ill from knowing he is in the house, and he is staying only to be mean as he knows how I am feeling. I own the home, purchased it before we married, and I am the only one on the deed. I can't afford to file for divorce until mid-Nov, but I can't live with him until then, either.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
You can request a court order removing your husband from the home after you have filed a court action for divorce - but not before filing a court action unless he engages in acts or threats of domestic violence that form a basis for his arrest on criminal charges. In that event, a criminal court will issue a 'no contact" order that will have the effect of removing him from the home. Simply " staying [in the house] only to be mean" is not sufficient to comprise criminal domestic violence.
Answer Applies to: Washington