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-   -   Rights of a deserted spouse (https://www.askmehelpdesk.com/showthread.php?t=161593)

  • Dec 11, 2007, 11:02 AM
    CuriousDC
    Rights of a deserted spouse
    My husband left me 4 days ago after an insignificant argument. We have 2 small children in the home and I have not heard from him since his departure. I am sure he went back to Mamma's house. He has access to our home and I know he was home yesterday checking his email. Can I prevent him from entering our home? What rights do I have if any??
  • Dec 11, 2007, 01:15 PM
    George_1950
    Where do you live? Your legal rights will be determined where you live. The usual issues are the marital relationship (divorce or separation), alimony, child custody, child support, payment of debts, and division of property. You will have to obtain a court order to keep him out, unless your jurisdiction will provide you some protection based upon domestic violence. Get a lawyer, get a court order, and make your husband pay for it. Good luck
  • Dec 11, 2007, 01:28 PM
    CuriousDC
    I live in Michigan. Since I have no idea what his intent is, I don't know if he is just pouting or if he plans to wipe out our savings. He has been back in the house by way of the garage door opener (he doesn't use a key). I have contemplated disconnecting the opener so he has no means to re-enter the house, but I didn't know if I can lawfully do that. How long do I have to remain in limbo?
  • Dec 11, 2007, 01:30 PM
    ScottGem
    You shouldn't remain in limbo at all. You need to get to a divorce attorney immediately. You need to protect your rights. Hopefully you can reconcile, but you don't want him pulling the rug from under you.
  • Dec 11, 2007, 02:05 PM
    shygrneyzs
    Why can't you lawfully disconnect the garage door opener? You could also change locks - no law against that either. You need a lawyer ASAP.
  • Dec 11, 2007, 02:11 PM
    George_1950
    CuriousDC: You are in limbo until you take affirmative steps to help yourself. Contact a friend or family member about a referral to a good lawyer in your community; make an appointment ASAP. If you decide to remain in limbo, your husband is going to do whatever he wants. Also, you may want to consult a family counselor; contact a reputable pastor or mental health clinic for referral. Get on it.

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