My wife has a note from her doctor saying I need to move out of the marital home during the divorce because my presence is a strain on her health.
Will a doctor’s note hold up in court when it comes to granting use of the marital residence?
Can a party prevent the other party from residing in the marital home during the pendency of a divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
Where I am licensed to practice, the law states that the court may exclude a party from “the family home or home of the other party upon a showing that physical or emotional harm would otherwise result.”
In your case, even if her divorce lawyer tries to admit the doctor’s letter into evidence to demonstrate that your wife’s physical health is harmed by your presence in the house, this evidence would likely be considered hearsay and be barred from being admitted.
The court would likely require that your wife’s doctor be present and available for cross-examination by your divorce attorney in order to testify that your presence is harmful to her physical health.
Thus, your attorney would then be able question the doctor on how he came to his conclusion and hopefully find flaws in his analysis.
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.