Legal Question in Family Law in West Virginia
Ways to force legal marital separation
Because of habitual drunkenness on the part of my dear husband, I find that
I can no longer continue to co-habitate at this time. He has no desire to
have anything further to do with AA or any other form of treatment for his
disease. There has been verbal, and occasionally, physical abuse of my
children. When he is drin--name removed--, he is verbally and emotionally abusive to
anyone present, including myself. While he is a very good man, in many
respects and a hard worker, I can no longer spend at least one week during
each month living with this abuse and the volatile family environment.
I don't think that he will agree voluntarily to a separation. Therefore, my
question is, can I have help in affecting his leaving to go live at his own
cabin-house in the country? I don't have the resources to set up againg
somewhere else and I am the one paying the rent and bringing in the
income, paying utilities, etc. (He doesn't work outside of duties for the
household, such as shopping, coo--name removed--, laundry, ta--name removed-- children to doctors'
appointments, maintaining the vehicles, etc., etc.) Please help quickly!!
1 Answer from Attorneys
Re: Ways to force legal marital separation
I don't know what the laws are in West Virginia. But I believe many states now have domestic violence laws which include mechanisms to go into court and get a protective order against a spouse ordering him or her to vacate the premises and stay away. If you can't locate a lawyer fast enough, there may be a women's support group in your area that can help you through the process. Check with a local United Way or call the clerk of courts in your area. Also your local Department of Human Services may be a place to check.
If he gets violent, you also might think about pressing Domestic Violence charges against him. That may work to get him out.
Jonathan Schiff
Self employed
605 Rose Hill Ave
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