I have been supporting my household from out of state for over 1 year

[dsraw]

I now have an opportunity to move back but wife does not want me to. What are my rights?


What is the name of your state (only U.S. law)? Missouri

 

[Just Blue]

I now have an opportunity to move back but wife does not want me to. What are my rights?


What is the name of your state (only U.S. law)? Missouri

You have the right to go home.

But why does wife not want you there?

 

[dsraw]

You have the right to go home.

But why does wife not want you there?

She doesn't like me. lol
Marriage has been completely broken for sometime. While we have been cordial when I have visited for 3-4 days every 4-6 weeks we have not had the relationship most married couples share. Been that way for years really. What makes this complicated is we have a 2 year old son. IMO, she wants all the benefits of being marriage without having the responsibilities of working to keep the marriage healthy. In the spirit of keeping the peace I've learned to live with it.

 

[LdiJ]

She doesn't like me. lol
Marriage has been completely broken for sometime. While we have been cordial when I have visited for 3-4 days every 4-6 weeks we have not had the relationship most married couples share. Been that way for years really. What makes this complicated is we have a 2 year old son. IMO, she wants all the benefits of being marriage without having the responsibilities of working to keep the marriage healthy. In the spirit of keeping the peace I've learned to live with it.

Well, you absolutely have the right to go home. However, she also has the right to file for divorce and ask for exclusive use of the marital home. She is also pretty much a slam dunk for primary custody of the child at this point.

 

[Zigner]

You have the right to go home.

But why does wife not want you there?

I think that we really don't have enough information to state this as fact yet. The OP may not, in fact, have any right to return.

ETA: The OP hasn't said if he is an owner of the property,etc. Being absent from the home for more than a year makes it questionable if this would be considered the "marital home".

 

[dsraw]

Well, you absolutely have the right to go home. However, she also has the right to file for divorce and ask for exclusive use of the marital home. She is also pretty much a slam dunk for primary custody of the child at this point.

Pretty much what I thought, thanks.

 

[dsraw]

I think that we really don't have enough information to state this as fact yet. The OP may not, in fact, have any right to return.

ETA: The OP hasn't said if he is an owner of the property,etc. Being absent from the home for more than a year makes it questionable if this would be considered the "marital home".

OP?

The home is a rental. All paperwork in my name. All bills paid by me.

 

[Just Blue]

OP?

The home is a rental. All paperwork in my name. All bills paid by me.

OP=YOU.

Original Poster.

 

[Zigner]

OP?

The home is a rental. All paperwork in my name. All bills paid by me.

While you may be able to just show up and say "Honey, I'm home", that may, realistically, not be the smartest thing to do.

 

[Silverplum]

Does she have a new man?

Because I was googling about your state and read that, while adultery is not a matter considered in the divorce, it can be considered by the court when deciding alimony or division of marital property.

 

[dsraw]

Does she have a new man?

Because I was googling about your state and read that, while adultery is not a matter considered in the divorce, it can be considered by the court when deciding alimony or division of marital property.

I really have no way of knowing, but I'd be shocked. Thanks for the info...

 

[TigerD]

1. Are you in Missouri or going back to Missouri?
2. Do you want to go to jail?

It doesn't matter if you have a right to go back in to the house or not. You are headed toward a divorce. Get a divorce attorney in the state you are going to and start the paperwork. Moving back into the home - even if you have a right to do so - is a recipe for disaster.

DC