I recently completed a DVPO and want to move back into my house. My Wife has threatened to move out, take the kids, shutoff utilities & stop paying mortgage if I move back in. We live in NC. What legal rights do I have? Thanks.
Have you filed for divorce yet? Are there any temporary or other orders in place?
In any event, call her bluff. Move back in and pay the utilities and mortgage yourself. If she takes the kids, get a lawyer and go to court to file for an order to have the children returned to the marital home.
I have not filed for divorce. There are no other orders in effect. I do have the resources to pay the mortgage. I can hire a Lawyer. I will call her bluff and move back into the house. Thanks for the advise!
She can always move where she wants, but where the kids live is the big issue.
Mortgage/utilities are much more minor things as the mortgage/utility companies will happily take your money.
If no divorce is filed, then there is nothing preventing her from taking (or absconding) with the children to anywhere she wants.
If a divorce is filed (for many states, also file a temporary motion or emergency temporary motion at the same time) to have the children living in "their" home.
+1+1+1 on the voice recorder! Keep the voice recorder hidden, it's not for playing back for her. It's for preventing against false allegations in court.
Another vote to not talk with the wife on theory/trash-talk/threats/etc. Keep the talking only to immediate-practical-kid-related-things (child has teacher conference on xx-date...child left coat at friends house, etc.)
Ok, I took her up on her bluff to move out if I moved back into the house. I am currently on a business trip and this morning she returned most of my personal things to my Dad's house. The threatened that if I return to the house I will be arrested for Domestic Criminal Trespassing. What should I do? We do not have a verbal or written separation agreement. Can I have her removed under the same type of order?
BMEWS wrote:threatened that if I return to the house I will be arrested for Domestic Criminal Trespassing.
If there is no court order, she has no cause for arrest. Keep the recorder running and simply go about your business, in YOUR OWN home. You can expect her to call the police, and they may even try to convince you to leave to keep the peace. Be polite, but firm. This is your home and there are no court orders barring you from it.
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