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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16450
Experience:  Experienced Licensed Attorney
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My husband is having an affair with the same person on and

Customer Question

My husband is having an affair with the same person on and off for 4 yrs, every time she dumped him he would try to make things right with me. the minute she wants him back, he will continue the affair again. This is happening over and over again and he will not stop even after I found out. We have 2 kids together, 17 and 19. I tried kicking him out but he doesn't want to leave, he said it is his house too. I don't know what to do, he will not leave and will not stop the affair. What is my rights? I can't take the mental abuse by this affair any more.
Submitted: 3 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I am very sorry to hear about this situation.

Have you considered marriage counseling of filing for the divorce?
Customer: replied 3 years ago.

No I have not file for a divorce yet.

Expert:  Alex J. Esq. replied 3 years ago.
Dear Sorady,

Thank you for your follow up.

Unfortunately, the only way to address such situation, is for you either to file for a divorce or a legal separation, as your husband is correct that your home is considered a marital home and one spouse simply cannot kick the other spouse out without a court order.

Once you file for divorce or legal separation, you will be able to request for the court to equally distribute / divide all of the marital property, including the house and this way both of you and your husband will be able to go your separate ways and to have your separate living arrangement.

Unfortunately, without a petition for divorce or legal separation, the courts do not get involved in such family disputes.

I would strongly suggest that you do consult and retain an experienced local divorce attorney, in order to have your case evaluated and this local attorney can plan out a legal strategy for your upcoming divorce or legal separation.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 3 years ago.
Dear Sorady,

Do you have any related follow up questions?

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