What can I do if my husband doesn't want divorce and won't move out?
Question Details: I want a divorce, my husband doesn't. The mortgage is in my name and I'm the bread winner; my husband is "disabled". Can he keep me from getting a divorce by simply not signing any papers? How can I get him to leave? Do I have to wait until the divorce is finalized?
No, he can't stop you from getting a divorce. You can file a divorce case in family court (a part or division of country court) and a court can grant you a divorce over his objection. No one can keep another person married against her will. While a lawyer would be undeniably helpful, you are legally allowed to do this yourself ("pro se"). You can get a divorce based on "irreconcilable differences"--basically, that you no longer want to live with or be married to him. Below is a link to a ND court webpage that itself has links to informative websites or documents about the divorce process in your state; you will be filing for a "contested" divorce, because your husband will not agree to the divorce.
Bear in mind that if you are the breadwinner and your husband is disabled, you will almost certainly end up paying him support (alimony). You and he will also split or divide the marital assets (anyting acquired during marriage).
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