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Jack R.
Jack R., Family Law Attorney
Category: Family Law
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Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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does a husband who leaves the house willingly because his daughter

Resolved Question:

does a husband who leaves the house willingly because his daughter is assulting him, be charged with abandonment in the state of michigan. he wants to go home, it has been a week. his wife says he can't come back because he left willingly. can he go back to his house wheter she likes it or not and if she files for divorce can she say he abondon her? there has been no domestic violence in this home until the daughter assulted her dad.
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.
First of all, leaving the home for 1 week is not abandonment. Many people take week vacations. A wife cannot stop her husband from returning to his home without a court order. If necessary the husband can have the police assist in overcoming the wife's reluctance to letting the husband in.

Michigan does not require grounds for the divorce. Claiming abandonment is not required as in some states. I doubt any court will consider a 1 week departure from home abandonment in any case. Once the wife refused him re-entry she can no longer claim abandonment. The husband on the other hand can claim cruely by the wife. (also of no use in Michigan as grounds for divorce)

The term abandonment is really not one used in a divorce proceeding. Although, there are certain things to consider AFTER FILING FOR DIVORCE if you one party leaves the home home:

If one party leaves leaves the house for the short period of time during the pendency of the divorce proceeding, that party will not automatically lose his share of the equity in the house. An extended absence may be enough to cause a judge to award your spouse your share of the equity.

If you leave the home, your spouse may file with the court for an “Order for Exclusive Occupancy” allowing that only he/she is entitled to stay in the home during the divorce proceeding, and that you cannot return to the home.

If you leave the home during the pendency of the divorce, the court may still require you to pay part of the household bills during the divorce.

If you leave the home during the pendency of the divorce, you may lose your claim for the home to be awarded to you.

If you leave the home and you leave the children at the home with your spouse, you may lose the possibility of receiving custody of the children.


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Customer: replied 5 years ago.
so she cannot lock him out of his own house. if she does, he can get the police to force her to let him in?
Expert:  Jack R. replied 5 years ago.
yes, he has the right to entry into his own home. He may not "break the peace" in doing so. His wife has no right to arbitrarily exclude him.



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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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