Can I go back home?

My wife threatened divorce if I didn’t give her time and space by leaving our home every other day. We’ve been keeping our two boys at home and alternating times at home with them. She now says that she is definitely divorcing me. Is there anything that can be held against me if I just go stay at home until she files?

Asked on May 29, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  I see no reason that anything could be held against you for going back home.  You seem to have done what your wife has asked but you and she have equal rights to live in the marital home (and you have indicated nothing to the contrary that would lead me to believe otherwise).   And you can ask for exclusive occupancy or to stay pending the divorce as well.  Seek help. Good luck.


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