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, 2012

I 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.

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The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
Once you file for divorce, you may ask that he be removed from the house by filing a motion for a temporary orders. Until then, there is not much you can do unless there has been domestic violence.
Answer Applies to: Washington
Replied: 10/24/2012
The Law Office of Kate M. Forrest, PLLC
The Law Office of Kate M. Forrest, PLLC | Kate Forrest
If you are receiving public benefits or can otherwise demonstrate that the filing fee poses a substantial financial hardship, you can ask the court to waive the filing fee.
Answer Applies to: Washington
Replied: 10/22/2012
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You can attempt to kick him out with a court order certainly.
Answer Applies to: Washington
Replied: 10/22/2012
Wolfstone, Panchot & Bloch, P.S., Inc.
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
Replied: 10/22/2012
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