Can I Prevent My Spouse From Entering My Home After She Left Me?
Full Question:
Answer:
If certain criteria are met, then a spouse may file a petition with the court asking the judge to award him/her sole possession of the marital home. Unless the court issues an order stating otherwise, both spouses have equal rights to the residence. A spouse may not be removed from the marital home without a restraining order or a court order granting you exclusive possession while the divorce is pending.
Generally, a spouse cannot be forced to leave the marital home unless there is a court order awarding possession to the other spouse or there is a restraining order in force. A restraining order may be granted not only to prevent physical or sexual abuse, but also to prevent verbal abuse, stalking, and other threatening behaviors. It will be a matter of interpretation for the court whether or not your wife's actions amount to the level of abuse that justifies a restraining order.