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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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separation question, I have a sister who has been separated

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separation question, I have a sister who has been separated several times with her husband. (it has always been her husband that moved out) they just got back together and had another disagreement over him getting drunk and such.
He told her that if they separate that it will be he that moves out this time.

If she decides to separate again, can she make him move out legally or vis a versa
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Welcome. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Both spouses have the right to continue to occupy the property until or unless the court orders otherwise. In order for your sister (or her husband) to force her spouse to move, she would need to file a petition with the court for exclusive occupancy of the house.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 3 years ago.

during the last argument she slapped him, can he press charges? she found nude photos of another woman on his phone.

He can file a police report. However it is up to the prosecutor whether to press charges. Typically a prosecutor does not file charges based upon a slap without injury
Customer: replied 3 years ago.

if she chooses to file for a legal separation can she later file for a divorce or should she do both at the same time if she choose to do one or the other?

She may file for legal separation now and, if she decides to divorce, she may convert the legal separation to a divorce.

Ellen and 3 other Family Law Specialists are ready to help you