Separation issue and wife trying to move back in



My wife was arrested Monday night for a simple assault charge (she is an alcoholic with serious anger/emotional issues). After getting out of jail she spent the last 2 nights at a neighbor’s/friend’s house. I considered that the beginning of separation (her moving from the home). She is now saying she will come back tonight and she has every right to come home. Do I have any legal legs to stand on as far as saying she has moved out and we are now separated? She preemptively called the county sheriff department last night and they called me. They explained she has the right to move back in. They said it wasn’t considered moving out until she removed all of her personal belongings from the house. She only took a small amount of personal stuff and clothes for the last 2 nights.

If not then I’ll continue with my plans of filing separation. I met with an attorney from Rosen last Thursday and am trying to get my financial ducks in a row to continue forward. I talked with the Rosen attorney yesterday and she seemed to indicate that because she voluntarily left the house it could be considered the official start of separation.

Thanks in advance,


If she did not leave with the intent to reside elsewhere permanently she may return to the home.