Husband won't leave. 2yr card expired. Help!

[sleepy22 4]

Hello. I am just looking for some advice. I have been trying to breakup with my husband for months. I keep asking him to leave and he doesn't want to. His conditional green card expired in August. He knew that I wanted to breakup and I wouldn't be going through the renewal process and I told him repeatedly go home before it expired. I have been treated like garbage since he has been here in 2016. I don't want to have to involve the police but I just want to get a divorce and be done. I don't really have the money for a lawyer and I was just going to do a DIY divorce but not sure he will sign. He is using me for a place to stay while he goes to work and makes money to spend on marijuana and to send back to his family. It's all so ridiculous and I just found out he is on a dating site. Any thoughts?  Thanks!

[Cyberfx1024 7,980]

21 minutes ago, sleepy22 said:

Hello. I am just looking for some advice. I have been trying to breakup with my husband for months. I keep asking him to leave and he doesn't want to. His conditional green card expired in August. He knew that I wanted to breakup and I wouldn't be going through the renewal process and I told him repeatedly go home before it expired. I have been treated like garbage since he has been here in 2016. I don't want to have to involve the police but I just want to get a divorce and be done. I don't really have the money for a lawyer and I was just going to do a DIY divorce but not sure he will sign. He is using me for a place to stay while he goes to work and makes money to spend on marijuana and to send back to his family. It's all so ridiculous and I just found out he is on a dating site. Any thoughts?  Thanks!

If the house isn't in his name then kick him out of it and change the locks. As far as divorce goes that is really state dependent. So what state are you in?

[Nitas_man 3,100]

File for divorce and move on.  Only a judge can award use of the home.

[designguy 1,179]

If he think he needs you to renew his greencard then he should look at the divorce waiver.

[belinda63 3,041]

This is a family law matter. You need to divorce him and move on with your life. Only by divorce or legal separation will you have him removed from your home. 

[Mollie09 1,543]

13 hours ago, Cyberfx1024 said:

If the house isn't in his name then kick him out of it and change the locks. As far as divorce goes that is really state dependent. So what state are you in?

If he's been living there, this is a very bad idea.

[Unlockable 7,315]

33 minutes ago, Mollie09 said:

If he's been living there, this is a very bad idea.

This is actually true. Seen it myself with family and friends. Kicking somebody out of a place where they lived also is not as easy as people think, especially if it is a spouse who can prove the home is their residence also. It doesn’t matter if they are the co-owner of the home or their name is not on the lease. These are state laws so the OP should seek and research legal action ( possible eviction) of their own state.

 

However, if there is abuse or violence, then it can be done. But the OP will need to involve the authorities. She stated she didn’t want to in the original post but sometimes you have to do what you have to do.

[carmel34 3,650]

14 hours ago, sleepy22 said:

I just want to get a divorce and be done

So sorry you are going through this.  Find a DIY divorce website, contact your county clerk's office, and file for divorce yourself.  Or go and see a family law attorney and get a free consultation.  A good attorney can help you but it will cost.  Depending on where you live, there may be free legal advice clinics in your community or contact the nearest law school and find out if they offer free legal help for people in your situation.  Do whatever you have to do to divorce him and move on with your life.  Good luck!

[geowrian 22,337]

Generally, once somebody has been physically residing at an address for x days/months (check local law), they cannot be barred from entry without either police or court involvement. Don't get yourself in trouble over somebody else.

[aaron2020 11,651]

15 hours ago, Cyberfx1024 said:

If the house isn't in his name then kick him out of it and change the locks. As far as divorce goes that is really state dependent. So what state are you in?

Horrible advice.  An illegal eviction will only make her problems worse.  

[aaron2020 11,651]

16 hours ago, sleepy22 said:

Hello. I am just looking for some advice. I have been trying to breakup with my husband for months. I keep asking him to leave and he doesn't want to. His conditional green card expired in August. He knew that I wanted to breakup and I wouldn't be going through the renewal process and I told him repeatedly go home before it expired. I have been treated like garbage since he has been here in 2016. I don't want to have to involve the police but I just want to get a divorce and be done. I don't really have the money for a lawyer and I was just going to do a DIY divorce but not sure he will sign. He is using me for a place to stay while he goes to work and makes money to spend on marijuana and to send back to his family. It's all so ridiculous and I just found out he is on a dating site. Any thoughts?  Thanks!

Divorce and move on.  

 

Unless he is abusing you, there is nothing to involve the police with.  

[Ed&Midori1031 330]

He should respect your wishes to not wanting to be with him anymore, but the best bet, as mentioned earlier, is to go through the divorce and move on.  No need to get the police involved unless there's physical harm done to you.   

[Mrs Ryan Carreras 247]

3 hours ago, geowrian said:

Generally, once somebody has been physically residing at an address for x days/months (check local law), they cannot be barred from entry without either police or court involvement. Don't get yourself in trouble over somebody else.

This ^^ You will need to physically evict him if he receives his mail there. 
Please check your state laws to see if it’s the same in your state.  
I had to write a letter of eviction and send it to my own home and my x had to sign for it. 
He would dodge the mail and then had to send it to his work to be signed by a officer  and we were never married nor did he pay any bills. 
I also had to give him 120 days to move out by law. 
In the meantime, it was not a fun 3 months and I went and stayed elsewhere. 
After, move on and file for divorce. 
Unfortunately, sometimes the law makes us involve the courts if they don’t want to move out.  
Good Luck. 🍀 

[NikLR 13,231]

2 hours ago, aaron2020 said:

Divorce and move on.  

 

Unless he is abusing you, there is nothing to involve the police with.  

Depends on if pot is legal in her state or not

[aaron2020 11,651]

24 minutes ago, NikLR said:

Depends on if pot is legal in her state or not

The police will come to his house and arrest him for smoking pot.