Can my wife move her adult lover into the marital home before the divorce or separation?

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Can my wife move her adult lover into the marital home before the divorce or separation?

My wife had an affair, very public in front of our children. meeting and romantic, but not sexual in front of them. Then they went together to get a restraining order to throw me out of the house, so that she can move her lover in with her and the kids. Is it legal for her to do this, and what legal rights do I have to protect my kids from such confusing and immoral acts done in their presence without any divorce or separation being done?

Asked on September 14, 2011 under Family Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

Can she do it?  Yes she can.  Can you object and try and prevent it?  Yes, you definitely can.  Depending on how you indeed portray the matter t the court and given the fact that she has violated the bonds of marriage, I think that you have an argument to make before a judge that she is acting against the best interest of your children.  Adultery today is not like years ago in most states.  Although some states do consider it when deciding certain issues, generally it is not a factor (because it is a fault factor).  But, it may indeed be considered by judges in some jurisdictions in cases regarding the children.  So speak with an attorney about how you can spin this in your favor, get a restraining order for him and an order forbidding him to stay in the hosue while the kids are there.  Good luck.


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