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My wife wants to separate and asked me to leave the house.

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I have honored her wishes...
My wife wants to separate and asked me to leave the house. I have honored her wishes now for 4 weeks. I want to come back, but she says she will take the kids and move to her moms across town. Can she do that? We are stuggling financially and we rent a townhome.
Submitted: 9 years ago.Category: Family Law
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Answered in 2 hours by:
2/4/2008
Family Lawyer: Walter, Legal Consultant replied 9 years ago
Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11,528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Verified

Hello,

I am sorry, I do not have good news. While she can not keep you from the home she can move out. As long as she stays in state there is nothing legally you can do to stop her. Since her mom lives in the same town she would have full backing by the courts to move.

At this point it sounds like she is not ready for you to come home. Your options are limited but need to be done asap. Since she doesn't want you back right now you may want to consider speaking with a lawyer in your area to draw up a separation agreement. This agreement can settle who stays in the home and who pays what bills. It will also address who gets temporary custody of the children and set up a child support order for the non custodial parent to pay. It can also address issues of how the debts should be handled as well as instructing you both to not use the others information to sign up for credit.

This is generally the first step...........it doesn't mean you will be getting a divorce, but it will help protect you and your wife during this time. If you and your wife decide to reconcile then the separation agreement can be terminated.

My recommendation would be to seek a lawyer in your area to get started on this asap. I wish you the best.

Walter

Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11,528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Customer reply replied 9 years ago
Reply to Walter's Post:

So she can move out, but can she take the kids with her even without my approval. Doesn't she need to get some sort of court order to do that?

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Walter
Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11,528
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