My brother is going through a divorce and his wife moved out over 3 months ago and wants to move back in now, can she?

Asked about 2 years ago - Newnan, GA

she moved out on her own and hasnt wanted to move back even though he has asked her to stay just for the kids til the divorce is over. she has refused to moved back in. Now he has 2 roommates and since he has the 2 roommates she wants to move back in and make him move out. Can she do that or is there something he can do to prevent her from doing that. He pays he child support and gives her extra money

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . He's in a contested divorce. That means he needs a lawyer. Unless he has been foolish, he got one months ago. His lawyer will know the facts of the case and will know if he can or cannot prevent her return (and will also know if his getting roommates was proper as that may not be).

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  2. Diane Cherry

    Pro

    Contributor Level 4

    Answered . It is difficult to answer your question with the information you provided. If you and your wife cannot agree, these types of issues can be addressed by the Judge if there is an action currently pending. If not, this may be a good time to file for Divorce or Legal Separation and hammer out these details.

    This response to your query is a general explanation of legal rights and procedures and does not constitute legal... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . He should consult a local divorce attorney and discuss the situation in detail.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . There is not enough information here to answer that question. Is it a house that is marital or an apartment? Where are the kids? Does she want to move the kids back in? If it is the marital home and she wants to move back in until the divorce is over that may be very possible especially if they are not legally separated and/or there are no orders stating she cannot move back in.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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