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  #1  
Old 06-30-2009, 11:31 AM
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changing locks

What is the name of your state (only U.S. law)? Delaware
I am recently separated- my husband went outside the us to see his mistress. Now he says it is not working and wants to come back. I haven't served him with papers yet, and my laywer is out of town so I can't ask her. I'm a little afraid of him. Can I change the locks? What would it mean for my divorce?
  #2  
Old 06-30-2009, 11:56 AM
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Quote:
Originally Posted by samtara View Post
What is the name of your state (only U.S. law)? Delaware
I am recently separated- my husband went outside the us to see his mistress. Now he says it is not working and wants to come back. I haven't served him with papers yet, and my laywer is out of town so I can't ask her. I'm a little afraid of him. Can I change the locks? What would it mean for my divorce?
No you cannot change the locks. He is allowed into his home which is what the marital residence is without court orders saying otherwise.
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  #3  
Old 06-30-2009, 12:00 PM
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Originally Posted by Ohiogal View Post
No you cannot change the locks. He is allowed into his home which is what the marital residence is without court orders saying otherwise.
OG - I disagree. Our OP has every right to change the locks. Our OP has NO right to keep her husband out of the house though
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  #4  
Old 06-30-2009, 12:09 PM
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Originally Posted by Zigner View Post
OG - I disagree. Our OP has every right to change the locks. Our OP has NO right to keep her husband out of the house though
Good point. She can change the locks and hubby can legally break in and demand a key. Hubby can also legally change the locks.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 06-30-2009, 01:01 PM
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Additionally, if you rent, you cannot change the locks without LL permission.
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  #6  
Old 07-01-2009, 09:25 AM
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The poster should talk to their attorney licensed in DE. I'm not familiar with the DE code/law, but in at least one other state, OP could change the locks, bar the STBX from entering, and do so legally in the absence of a court order. And STBX could not break in legally, either.

(See NCGS 14-134.3. While the NCGS do not apply in OP's case, the point of my statement is that there are exceptions, and one should talk to their attorney licensed in their state for the final word. I do not see a similar analogue in DE with a quick google search.)
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  #7  
Old 07-01-2009, 01:51 PM
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Quote:
Originally Posted by Golfball View Post
The poster should talk to their attorney licensed in DE. I'm not familiar with the DE code/law, but in at least one other state, OP could change the locks, bar the STBX from entering, and do so legally in the absence of a court order. And STBX could not break in legally, either.

(See NCGS 14-134.3. While the NCGS do not apply in OP's case, the point of my statement is that there are exceptions, and one should talk to their attorney licensed in their state for the final word. I do not see a similar analogue in DE with a quick google search.)
There are also some circumstances where its necessary to change the locks for safety purposes. No one should risk being a statistic because we are so adamant that they cannot change the locks.
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