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Regarding Spousal Abandonment

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Synetar

Junior Member
What is the name of your state (only U.S. law)? Ohio

My Spouse has left the Sate to commit Adultery with another individual. She did this while informing people she was travelling to a different location. She has committed Adultery in the past, and we had worked through the issues as a couple.

Do I have any grounds to bar her from the Residence without escort to remove her personal effects, furniture, etc.?

I have no desire for her to be anywhere around me, and worry it will negatively impact by ability to continue working if she retains residence upon returning for her Affair.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Ohio

My Spouse has left the Sate to commit Adultery with another individual. She did this while informing people she was travelling to a different location. She has committed Adultery in the past, and we had worked through the issues as a couple.

Do I have any grounds to bar her from the Residence without escort to remove her personal effects, furniture, etc.?

I have no desire for her to be anywhere around me, and worry it will negatively impact by ability to continue working if she retains residence upon returning for her Affair.
you can file for divorce and request sole access to the marital home. it's up to a judge to grant it. but you cannot just lock her out because she went on vacation.
 

Zigner

Senior Member, Non-Attorney
"On vacation" is what they're calling it now??
Doesn't matter WHAT it's called. The spouse has CLEARLY not "abandoned" the residence, but is merely away on a trip. Heck, she could be going to get a tribal tattoo in the Philippines and the answer would be the same.
 

Bali Hai

Senior Member
Doesn't matter WHAT it's called.

No it doesn't matter what it's called at all. I said the same thing when they tried to sugarcoat alimony by calling it "maintenance".

The spouse has CLEARLY not "abandoned" the residence, but is merely away on a trip.

Merely away on a trip?

Heck, she could be going to get a tribal tattoo in the Philippines and the answer would be the same.
OP did not indicate that she was intending to get a tribal tattoo in the Philippines. He did however clearly attest that she "left the state to commit adultery".

To be accurate the response should have been;

"you can file for divorce and request sole access to the marital home. it's up to a judge to grant it. but you cannot just lock her out because she went out of state to commit adultery".
 

mistoffolees

Senior Member
OP did not indicate that she was intending to get a tribal tattoo in the Philippines. He did however clearly attest that she "left the state to commit adultery".

To be accurate the response should have been;

"you can file for divorce and request sole access to the marital home. it's up to a judge to grant it. but you cannot just lock her out because she went out of state to commit adultery".
The point is that legally, it doesn't matter why she left the state.

Furthermore, he doesn't know WHY she left the state. Perhaps she left to go visit a friend and happened to commit adultery. Or perhaps adultery never happened. Or any number of other scenarios. You don't know what happened, nor does it matter.
 

Ohiogal

Queen Bee
In Ohio he can do what he has been told -- file for divorce and request sole possession of the marital home. How long ago did she leave?
 

Bali Hai

Senior Member
The point is that legally, it doesn't matter why she left the state.

Furthermore, he doesn't know WHY she left the state. Perhaps she left to go visit a friend and happened to commit adultery. Or perhaps adultery never happened. Or any number of other scenarios. You don't know what happened, nor does it matter.
Stop with the conjucture, OP says she went out of state to screw around.

It matters to OP. He says his wife went out of state to commit adultery.

Someone is calling it a "vacation", someone else says "away on a trip".

You're telling him the truth in that it doesn't matter if she screwed the guy on national television at prime time for the whole nation to see, she can still waltz back in the house with sticky underwear until a judge orders otherwise.
 

Isis1

Senior Member
Stop with the conjucture, OP says she went out of state to screw around.

It matters to OP. He says his wife went out of state to commit adultery.

Someone is calling it a "vacation", someone else says "away on a trip".

You're telling him the truth in that it doesn't matter if she screwed the guy on national television at prime time for the whole nation to see, she can still waltz back in the house with sticky underwear until a judge orders otherwise.
LOL! and there it is :p
 

Ohiogal

Queen Bee
Stop with the conjucture, OP says she went out of state to screw around.

It matters to OP. He says his wife went out of state to commit adultery.

Someone is calling it a "vacation", someone else says "away on a trip".

You're telling him the truth in that it doesn't matter if she screwed the guy on national television at prime time for the whole nation to see, she can still waltz back in the house with sticky underwear until a judge orders otherwise.
She can. She can walk back in with no underwear and it is still the marital residence.
 

Isis1

Senior Member
Bali hasn't been too lucky in love.
well, according to his past post, he loves his current wife. as long as she doesn't divorce him. he still seems pretty bitter about his past divorce. poor guy. i actually feel bad for him. but i emensely enjoy his commentary:D:D
 

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