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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?

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

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Attorney answers 4

Posted

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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Asker

Posted

Its a home he bought and pays for. The kids stay with him 3 days and then stay with her. Would he need to go get legally separated? The oldest child isn't his but the younger one is but he takes care of both and has both 3 days a week

Asker

Posted

Its a home he bought and pays for. The kids stay with him 3 days and then stay with her. Would he need to go get legally separated? The oldest child isn't his but the younger one is but he takes care of both and has both 3 days a week

Asker

Posted

Its a home he bought and pays for. The kids stay with him 3 days and then stay with her. Would he need to go get legally separated? The oldest child isn't his but the younger one is but he takes care of both and has both 3 days a week

Posted

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

Posted

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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Posted

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 advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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