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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9715
Experience:  Experienced Family Law Attorney
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My husband is constantly insulting me, putting me down and

Customer Question

My husband is constantly insulting me, putting me down and accusing me of being depressed. I am the sole income earner in the family, sole parent on my child birth certificate and sole name on my apartment lease. I have asked him to move out of my apartment without success, but I still haven't filed anything for separation. My daughter is stressed out by his behavior. What are my options for having this person to leave me alone?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am sorry to hear this;

Even if a party is the sole name on a rental lease, the other person residing there is considered a tenant, and would require notice to vacate if the main tenant wishes to have them removed. Depending on how long the person has lived there, this time frame can vary (generally between 30 and 60 days)

If a person is emotionally abusive, one can seek a protective order, and that can result in an order to vacate the family home.

That information is here

A family court order is appropriate for domestic situations - please see here

Also one may wish to start the divorce process as that requires either grounds for divorce, or a 6 month waiting period - the grounds are:

- cruel and inhumane treatment
- abandonment
- Confinement in prison for 3 or more consecutive years
- adultery
- Living separate and apart pursuant to a separation judgment or decree
- Living separate and apart pursuant to a separation agreement
- irretrievable breakdown in the relationship for a period of at least 6 months

More information on that is here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Should you have further questions please post here; otherwise kindly

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Thank you and take care!