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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

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Divorce Attorney Angela FoyQuestion:

My wife moved out of the marital home into an apartment with our older children, but left the younger kids with me. She has since lost her job and cannot afford her apartment so she wants to move back into the house.

Do I have to let her move back in? Can just the kids move back in but not her?

Answer:

Whether you have to let her move back in and whether she has the right to move back in may be two separate issues. Both likely depend on whether any case has been started, and if so, what the current orders are. I do not practice in your jurisdiction, so I can only speak in generalities based on my experience. 

In most jurisdictions, if a case is filed then temporary order regarding who may reside in the house and who is not allowed in the house without the other’s permission may be issued. If no temporary order has been issued, than either party can request orders.

Courts take their authority to order or evict someone from their home very seriously; however, there are circumstances where it is appropriate. If she has moved out for some significant time, it may not be appropriate to move back in, even if she still has an ownership interest in the house.

If both spouses own the home, generally the police will not require one spouse to permanently vacate the residence. Likely the only option is to seek an order through a divorce case. If the parties should not be together because of domestic abuse or harassment, that may lead to a restraining order.

What your best options may be depends on your case and the specific rules in your jurisdiction. I do not practice in Georgia, so I cannot inform you as to the state’s specific laws.  If you have further questions, you should discuss your case with a domestic litigation attorney in your jurisdiction. Cordell & Cordell has men's divorce lawyers located nationwide.


Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.


Comments (5)Add Comment
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Move out order in divorce case
written by Valerie Garber, June 29, 2012
I filed a restraining order against my husband after 30 years of abuse he then accused me of being an alcoholic and doing drugs. I was court ordered to moove out and do random drug testing. I have passed all twelve random drug tests and even got a job after being a stay at home mom of four children for 14 years. What are my chances of being able to move back into my home at the next court hearing?
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