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Category: Family Law
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Hello, I have been married to an alcoholic for 15 years. He

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Hello, I have been married to an alcoholic for 15 years. He lost his job 5 years back and has been drinking ever since. He has been in the hospital 8 times since 2011 and I has him in rehab as well. He is verbally abusive and takes the car keys when he is drunk. When we married in 1997 the home is only in my name and he has never made a mortgage payment. The home was paid in full when we married. I have tried to get him back in to rehab but he refuses. I am at my wit's end. Seems the law is only on his side not mine. How can I have his removed from our home until the divorce is final.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about this matter.

What you'll need to do is petition the court for a temporary restraining order pending your divorce. To obtain a temporary restraining order, the plaintiffs must prove four elements: (1) likelihood of success on the merits; (2) irreparable harm; (3) that less harm will result to the defendant if the TRO issues than to the plaintiffs if the TRO does not issue; and (4) that the public interest, if any, weighs in favor of plaintiff.

You should be able to meet this burden because you have a potential danger to yourself and others (because he has access to your car). You'll have to prove that he is an alcoholic and endangering you and others. You will get the house in the divorce - so there more than a strong likelihood he'll have to move upon completion of the divorce. If there is somewhere else he can go you'd want to argue that as well. Overall you and the public benefit by having him move now rather than later. So, you should be able to get a TRO pending divorce.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

EmplmntLaw1 and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank You so much, I will start the process and get back to you if I need further assistance.


You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.