How can I get back in my house and have my wife move out?

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How can I get back in my house and have my wife move out?

I just got back home from Afghanistan. My wife divorced me while I was overseas. and it is final. She is dead set on staying in the house. We have a 4 year old boy and her 2 adolescent children. The home was not awarded to her in the divorce; I am the sole name on the deed and the mortgage. Because I have returned home from overseas this would disrupt her life so she placed a no contact order on me , which will keep me away from her for a year. The protective order states that she has possession of the home for this time period.

Asked on May 6, 2012 under Family Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for the situation.  You need to get a copy of the order of the court to see what it says regarding the distribution of the marital assets and if that issue was addresses in the court record.  Then you have to make a motion regarding the distribution now that you are home, as well as the custody and visitation issue.  The court does not usually decide asset distribution when a default divorce is granted (with out you appearing or present).  You are going to need legal help with this and the protective order.  Good luck.  And thank you for your service to our country.


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