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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I was hospitalized and depression 4 months ago.

Customer Question

I was hospitalized for anxiety and depression 4 months ago. I admitted myself into a psych ward for 3 days. A week after I came home he left because he didn't know if he could deal with all of my "problems". He moved out to his friend and didn't work on our marriage. He said he would and he said he wouldn't. Now it's gotten to the point where we argue more. Can he just decide to move back into the house because it's his after leaving somewhere for 4 months not working on our marriage?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
The past five years I was sinking into a terrible depressing but at the time neither he or I knew it. In 5 years- i lost my job I was at for 11 years, brother in law diagnosed with tumor, dad's lung cancer spread, mom COD was getting worse, final breakdown was when my Dad died sept 2 years go. I can't explain what was going on but I lost interest in everything, kept seeing my dad dying ( I was by his side 5 days straight) watched him died. Has to hold his penis when he would have to go to bathroom. Past 5 months this time going to bedroom daily crying - rocking myself to sleep. It was terrible. Husband Did nothing to console. Turned up tv when he hear me cry. Friday before Valentine's Day he said he wantsd a divorce. That's when I had a mental breakdown had a plan to shot myself. Got scared called my Mom. Hospitals admitted me for 3 days. When I can home he said he needs time to know if this is what he wants. Left over 4 months ago. Lease on friends house is gone and he said he's moving back here no matter what
Expert:  originallawyer replied 2 years ago.
Until you file for divorce (and yes, you should absolutely have your own attorney) there's nothing you can do to prevent him from moving back into the home unless he's being physically abusive and you were to get a protective order.
Once you file (or he files) for divorce, you can ask the Judge to make him move out (unless it was his prior to the marriage). The Judge will likely make one of you move out, it will just depend on your unique situation. If there are children involved, whomever is named the custodial parent will likely be granted the ability to stay in the home.