If I leave my home for one night will it be considered abandonment and will my wife be able to have me removed from the house?

My wife and I are not on good terms but no one has started divorce proceedings. Someone in the house went through my jacket and took a piece of paper. I confronted my wife and daughter and no one would admit to it and my wife called the police on me.

Burlington, MA -

Attorney Answers (3)

Stephen F. McDonough

Stephen F. McDonough

Divorce / Separation Lawyer - Medfield, MA


If you leave your home for one night and then return it would not be abandonment, nor would that likely be a reason to have you removed from the house taken, by itself. In order to be removed from the house, your spouse would have to file a motion to have exclusive use and occupancy of the marital home if the situation is intolerable at home; or apply for a restraining order. Also, sometimes it just makes sense for one person to move out.

Otherwise, I would suggest that if you are going to stay outside the home for a night, then you should leave a number where she can reach you if there is an emergency. A cell number should suffice.

I am not sure how the piece of paper information relates to your question, and you probably have a number of other issues that you should discuss with an attorney.

It is usually a good idea to meet with an experienced divorce lawyer early on in the process, then you can get some actual advice. It is difficult to answer this question without knowing more details, etc.

Henry Lebensbaum

Henry Lebensbaum

Family Law Attorney - Andover, MA

I do not believe so.

The situation is bad and going to get worse!!!

Sit down with an attorney and discuss your options, and contact me with any questions 978-749-3606.

David Alexander Browde

David Alexander Browde

Divorce / Separation Lawyer - Chappaqua, NY

The information you provided is insufficient on which to base a judgment - but it would seem that abandonment is not likely the most important issue here.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.