How To Help Your Kids When You’re Separated And Divorced

Question

What right do I have to move back into my house after a period of separation?  My wife requested a 6-month trial separation 3 months ago, and I agreed in order to avoid contention and work towards reconciliation. Now she has indicated she would like to divorce. In order to maintain a consistent role in my children’s lives and not be seen as abandoning the home, I would like to move back in. She has not yet filed. She is opposed to having me living in the house, but there has been no abuse.

Answer

Keep in mind, that your wife can file for temporary orders immediately. If she did so, the court is likely to continue the arrangement that the two of you came to on your own for the trial separation. So your ability to move back into the house will likely last for a limited time. The danger with trial separations is the situation you have here. Trial morphs into reality.

If you are interested in custody of the children, your current situation will work against you. The court looks to maintain the children in their accustomed environment. Cut your losses and demonstrate your commitment to acting in the children’s best interest. Moving back into the home may be perceived by the court to be a desperate act to be in possession. Even though you can move in, you do not need to in order to claim ownership.

The only reason to move back in would be to spend time with your children. Time with your children is a good reason to move back in, but there are less confrontational ways to be involved with your children. You should either try to work towards reconciliation peaceably and move back into the house by agreement or accept your current situation and try to make it work. Set up a home close by where the children can come spend a lot of time with you without disrupting their routine too much. Be at their activities. Stay in touch with the children.

 

Where To Go From Here

The only reason to move back in would be to spend time with your children. Time with your children is a good reason to move back in, but there are less confrontational ways to be involved with your children. You should try to work towards reconciliation peaceably and move back into the house by agreement. You can also accept your current situation and try to make it work. Set up a home close by where the children can come spend a lot of time with you without disrupting their routine too much. Be at their activities. Stay in touch with the children. Work out a time sharing agreement after consulting an attorney through a mediation process. For more information on mediation, consult our blog http://localhost:7000/consult-attorney-divorce-…


Schedule A Free Consultation


Name (required)

Email (required)

Message

Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

Learn More About Steve

Steve ChristensenHow To Help Your Kids When You’re Separated And Divorced