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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2819
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband is alcohol dependant/alcoholic; he blames lack of

Customer Question

My husband is alcohol dependant/alcoholic; he blames lack of affection in our relationship for using alcohol as a substitute. He is self-employed and most of what he's earned over the last few years (cash in hand) goes to the local pub landlord, cigarettes and alcohol for home consumption! I have paid all the household bills for the last 10 years; our two children's upbringing; education; cars; everything (they are 24 and 21, both still at home and the 21-year old is still dependant on me for everything as she's doing an unpaid vet nursing diploma. We've slept in separate rooms for about 6 years; husbands room is a smelly tip - I try to keep mine clean and tidy. Most nights my husband rants about me ruining his life and will quite often come into my room and goad and taunt me. I'm afraid I've flipped and pulled him out of bed and, in his words, 'beaten the sh*t out of him'. The house is in joint names but I have paid the mortgage off and remortgaged a number of times to pay off his debts. So this makes me quite bitter too. He says he's entitled to grab my breasts and pat my buttocks as we're married - but I am repulsed by his general behaviour and would quite like to make my own way in life. Is there anything I can do to stop him spoiling our lives? Can I throw him out for unreasonable conduct/non contribution?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As it is the matrimonial home you cannot throw him out because of the issues you have raised. If there was domestic violence you would be able to apply to court for an occupation order preventing him living at the home, however from what you have stated there are no grounds to pursue this.
As you appear to have been separated for quite some time, have you considered pursuing a divorce? As part of the divorce you can negotiate, or the court can order what happens to the home and how assets should be divided between you.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.
Customer: replied 1 year ago.
Is there, say, an injunction which can be served against my husband to prevent him ranting during the night, coming into my room and keeping the household awake?
Expert:  Harris replied 1 year ago.
You can apply for a non-molestation order, which is an injunction, to stop harassment, intimidation and abuse. If the order is in place and is breached then this is a criminal offence and the breach will need to be referred to the police.
This can be done under form FL401 along with a statement in support of the application to your local family court, given the allegations this application will have to be done on notice, as in you will need to inform your husband of the proceedings once the application is issued by the court so that he has an opportunity to respond to the allegations.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.