An eviction is the removal of a tenant by a landlord. But when your spouse has decided to cause mental or physical anguish or a divorce is in process, filing for his eviction may be the best course to take.
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Decide whether seeking to evict your spouse is the move you truly want to take. Having a simple disagreement over the course of a week or a few months may mean it is time for marital counselling at best and divorce proceedings in the worst case. Seeking to evict your spouse may cause a larger rift than is necessary.
Ask your spouse to relocate. Amazingly, some evictions of spouses are carried out without first verbally requesting the offending spouse to simply leave and move elsewhere.
Write a certified letter to your spouse giving them notice to leave the home and relocate. Make sure your spouse receives this notice before an eviction is filed.
Ask for an order of protection if you have reason to believe that your spouse may become violent or cause you or your family mental stress. This type of order usually allows an officer to forcibly remove your spouse if the judge agrees that the evidence warrants it. You may need to submit a police report showing that your spouse has threatened you or caused physical harm to you. This can be in the form of pictures showing bruises, cuts, broken limbs, medical reports from an emergency room or any other doctor, affidavits from family, friends or neighbours documenting witnessed verbal threats, printouts of threatening text messages and recordings of harassing and threatening voice mails and phone conversations.
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