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My husband and I have been married for nearly 25 yrs, for the last 2 1/2 yrs he hasn't worked, I have been the sole provider for a family of 4. He is very capable of working however he seems to choose not to. I have given him too much time already before asking him to leave. I need to know how to get him to move w/out filing a restraining order.
He tells me something bad has to happen to be able to file a restraining order. Is this true?
First of all - you have no cause for a restraining order - you don't state he is violent, or abusive - just lazy...you can't get a restriaing order because he sits around too much and I highly advise you not to make anything up and file a false report just to get one. (it's been done - it's illegal, but unscrupulous people do it anyway)Did he lose his job or quit? If he lost his job, that can be a very devistating thing to a man - and if at first he started looking for work, and got shot down - that can send anyone into a tailspin, lose confidence, self esteem and the self doubt and fear of failure will cause depression & avoidance - and a day turns into a week, week to a month, months to years....How long was he the main provider before he lost his job and you took over? Does that count for anything?What about encouraging him to get counseling? Maybe education to start a new career path?
I highly doubt he turned lazy - there is probably something deeper there....before calling it quits, maybe you should consider marriage counseling to find out truly what the problem is below the surface of his unemployment.
If you don't want to do that - then you have to file for divorce and it will be up to a judge to decide who leaves the home, a judge isn't going to send him packing with nothing - if he has been unemployed, you could be faced with paying him spousal maintenance so he can get back on his feet...so I think if you haven't already, counseling would be the wiser choice....
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