Q: Hi, my name is Ethan. I have a small question i want to see about getting answered. Me and my wife have recently split.
She is telling me over text that this is still her home, and she may come and go as she pleases until the divorce is final? So she came inside of the home a few nights ago and started screaming and yelling as she went through drawers slinging items on the ground. I just need some professional advice on what i could do to keep her away and clarify she cannot just come here whenever she pleases?
A: Unless your get exclusive use and possession of your home, your marital home is still hers and you cannot block her access to the home. To keep her away from the marital home you should file for divorce and seek exclusive use and possession of the home. A motion for temporary relief along with a petition for dissolution may also be in order. Also, please note that once a petition for dissolution of marriage is filed, there is a standing order that goes into effect that requires a certain status quo to be maintained during the pendency of the divorce action. It would truly serve your interests to consult with a divorce attorney so that all the available options can be explored. All the best.
Deborah Bianchi Tracht agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
