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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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my husband has an alcohol problem, I am ready to divorce him

Resolved Question:

my husband has an alcohol problem, I am ready to divorce him after giving him so many chances, he got home last night drunk, I ask him this morning to leave the house he refuse so I want to know if I can leave the house today with our 3 kids ( 8, 5 and 9 months old) becasue I can't be arround this any longer but I dont know if I can do it without getting acuse of kidnapping or something like that, please help.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You may leave with your children provided you can do so without a breach of the peace and there is no court order prohibiting you from leaving. You cannot be charged with kidnapping.

On Monday morning, you may want to consider obtaining a restraining order against your husband based upon fear of physical harm that could result to you or your children based upon his intoxication. The effect would be that he would be put out of the home and you and the children could stay in your home.
Customer: replied 6 years ago.
can I do that even if our house is under his name right?, we are married so legaly the house is from both, but I dont want me and the kids to be the ones that have to move out because his issues.
Expert:  Ellen replied 6 years ago.
can I do that even if our house is under his name right?,
correct

we are married so legaly the house is from both, but I dont want me and the kids to be the ones that have to move out because his issues.
if he threatens you today, call the police. They will not let you leave with the children over his objection but if you explain that he is physically threatening you they will remove him from the property
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