Spouse won't move out

[lisa67]

Held on way too long in marriage for "the kids", big mistake. We decided 9 months ago that the marriage was over, but due to financial reasons have lived separately in the same house. Husband is living upstairs, I live downstairs. The house is for sale, however, in this market who knows how long that could take. Husband won't respond to any messages, text, email, phone, etc. We are in major credit card debt, have a child going to college in less than 3 months and another child at home that is living in this toxic environment. Trapped, what do I do?

[cdavis]

*not an attorney
You should consult with an attorney first, but you are likely going to have to move out of the house, be reasonable as far as access and custody of kids... and hope you can get house back as part of ED case you file after you move out.

[lisa67]

The kids want to stay in our subdivsion with their friends, etc. First off I will not leave without them and secondly it would be considered abdonment.

[jim27106]

I suspect he would sign something agreeing that it shouldn't be considered abandoment. Candidly, I think it wouldn't be considered abandoment if you were still attempting to be part of the children's lives, but I am not an attorney, and who knows what a judge would decide.

[lisa67]

Here it is one month later...finally found an apartment I could afford that would allow my high schooler to attend the same school. Told the stbe and still no conversation. I wouldn't technically be moving until mid August, at that point it will be almost 12 months since we have been "separated" living on two different floors of the house. I can't not take it and it is causing more problems for the children while we are living under the same roof. I need some advise here. We are over 25 k in debt, house not selling, one off to college come August and can't bear to live in the house together one more day.

[Ryan Short]

One of you has to move out in order to separate.