QUESTION
if a husband willingly left his marital home at his wife's request and has been gone for 6 months, can he move back in?
Asked on May 26th, 2013 on Family Law - Nevada
More details to this question:
A friend having marital problems was told to move out by his wife in December 2012 after having an emotional affair online with another woman. It was not a physical affair, but he did admit to a physical one night stand in 2002 at the time his wife discovered this "virtual" affair. He moved out and continued to fully support his wife and kids since, also providing for his own rent and expenses. She is a full time stay at home mom and always has been. He is the only income earner. They bought the home after marrying and have two kids. He has done everything she asked, gone to counseling regularly, and she won't discuss the relationship at all with him. He wants to move back in while he will be taking care of their kids in their home while she is out of town. He has done this before and has spent about ten nights in the home since leaving. Does he have a legal right to return? There are no legal actions to date by either party.
1 ANSWER
The short version is that, in the absence of court orders, either party can do anything they want, with their property, and with their children.
In reality, if the wife did file for temporary orders, given that the husband has been living (somehow) out of the home for half a year, it is more likely than not that the court woiuld consider that the "status quo" and attempt to maintain it.
Bottom line is that he has to pick what he wants to do -- negotiate, mediate, litigate -- he is in limbo, and must make a decision as to how he wants to live and then put into place a plan for making that happen. No one can be foreced to remain married in the modern world, but it soiund sa if it is time for the husband to make this a time of decision for the wife, and choose -- one way or the other -- how to live in the futre. Before he does so, he shold have a full consultation with expert family law counsel, to get as good an understanding of his options, and the legal probabilities of upon divorce, before suggesting any of them to the wife.
Answered on Jun 02nd, 2013 at 2:56 PM