Fighting over home


#1

I have a friend who is not seperated yet, both still live in the home. Her husband works out of state, which will end in one month. They both have an attorney because he hired a PI to investigate her for adultery at which PI got tons of proof.

She keeps saying they are seperated and he moved out. He didn’t move out for he never packed his things. He simple was working in a different state on a temp basis which ends in 1 weeks. He keeps telling her that they are not seperated. That how could they be seperated when he never moved out and his stuff is still in the house and that he comes homes and stays for two to three days a week.

Well alot has come down on her in the last few days. He hired a PI to keep an eye on her while he took their two daughters to Fl for vacation. She didn’t want to go. PI found alot out. That she was sleeping and having an affair with the neighbor. They went on camping trips together, a vacation together, and sleep over at eachother house’s.

She went down yesterday to get an R/O. For what grounds we really don’t know of. He has never abused her. He has to head down to finish up business and is worried that he won’t be able to get back in his home when he returns from work. Everyone knows she is doing this because she was caught cheating.

The questions are this:

  1. Since they are not seperated can she kick him out for no reason?

  2. Can see get an R/O for no reason when nothing hasn’t even happened?

  3. Does both party have to know that they are seperated?

  4. A few years ago they hired a nanny, that nanny is still living in the home because she became really good friends with the wife. He wants this friend out because she has been the trouble maker, meaning trying to destroy their marriage. He wants her out of the home, how can he do that?

  5. Since he has proof of her cheating on the marriage, what happens?

Thank you for reading and advice.


#2

Separation is the point in time when a spouse begins living elsewhere with the intention to remain living apart from the other spouse. It can be difficult to establish a date of separation, and depends on many factors. If your friend truly was working a temporary job and had not established a separate residence I would say that the parties have not truly separated, and she does not have grounds to keep him out of the house.
If the woman makes an application to the court for a restraining order it will be up to the judge to weigh the evidence to determine whether or not to issue an order. If an order is issued it will only last 10 days and then a hearing will be held and your friend will have the chance to share his side of the story and may bring witnesses to support him.
With respect to the nanny, unless she is a danger to the children he cannot force her out of the home so long as the wife is living there and chooses to have the nanny stay.

As for the adultery, if proven is will bar any alimony claim she has.


#3

Thank you Erin for your legal advice. I read everything to him.

He is so lost in what is going on. 17 yrs of marriage has been destroyed not only by her but the man across the street. He wanted to make sure that there was nothing she can do really to kick him out of his own home.

He did though tell her to pack her bags and move across the street into his home. Was that a bad thing to say?

My husband and I, try so hard to tell him to stay calm, and not show any emotions right now for it may get him accused as to doing something he didn’t do. Were we in the right in doing that?

He hasn’t been served the RO yet, but she is telling people she went down and filled one out. The wife has even said that she will bring their 14 y/o into court to lie to get her daddy out of the house. The daughter has already lied to daddy about covering up the man across the street. ( PI got the truth on video camera) Daddy just thought he would see if daughter would tell the truth and he asked her, daughter lied.

Could he use that in court about how she is having the child lie? They have another daughter who is telling daddy everything.

Now this is going to really get some of you. The wife runs a daycare center with this friend/nanny. Well May of this year, they weren’t paying attention and one of the daycare children drowned in their pool. Luckily, the child didn’t pass away. Child is fine! A police report was done and even states it all in there.

How can he also use that against her?


#4

I am sorry to hear this woman is causing so much trouble. Your friend did nothing wrong by asking her to pack her bags.
As for the restraining order, if there is one, a hearing will be granted within 10 days, and the 14 year old child will not be allowed to testify. No one under 18 is allowed in Domestic Violence Court.
The daycare incident is really not relevant in the divorce/custody action.


#5

RO was denied by judge, but court date is set to explain what was placed in the order by spouse. She and her friend both did RO’s. Both put untrue statements in there which also involved a child.

Statements were placed in there when said child was out of state on vacation with father. Father has proof of all this.

Our question is this: Can he go to court and explain to the judge what her motive is in getting this, so called RO against him?

She would have never lied or done this if it wasn’t to protect her interests in her committing adultery and protecting the 3rd party. The 3rd party has seemed to have gotten her to do this against her husband, because he knows he is caught through the eyes of the USMC for committing adultery.