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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?

Asked about 1 year ago - Newnan, GA

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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. Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered June 13, 2012 17:37. 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).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Pro

    Contributor Level 4

    Answered June 14, 2012 11:46. 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. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered June 13, 2012 15:55. He should consult a local divorce attorney and discuss the situation in detail.

  4. Pro

    Contributor Level 20

    Answered June 13, 2012 15:38. 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.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

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