Question:
I recently had a Restraining Order placed against me, which excluded me from the marital home, but I have completed it and want to move back into the house.
My wife says she is not ready for me to move back in, and if I do, she will move out with the kids.
What rights do I have to move back into the marital home since I no longer have an order of protection entered against me?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
You have stated you “completed” the order of protection. I am to assume either the protection order is no longer in full force and effect or the same was dismissed.
In either circumstance, no court order or restraining order is keeping you from re-entering the marital home. As such, you do have a legal right to re-enter the marital dwelling, according to the jurisdictions I practice in.
Should your spouse in turn move out, you can either maintain the status quo, or in turn proceed with filing a legal separation or divorce, depending on the jurisdiction and your individual needs. Where I practice, both parties to a marriage have equal rights to all marital possessions and the dwelling, along with the children, until a court says otherwise.
As such, your spouse can move, leave the state, dispose of items, etc., until you get a court order that orders her not to do the same. To best protect your rights, and your ability to see the children and maintain full access to the dwelling with the absence of a restraining order, I do encourage you to look at all of your options with a fathers rights attorney in your area.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
