Spouse moved back in after separation agreement


#1

My daughter and her husband signed a separation agreement, filed with the court, and he moved out. The agreement stated that she would remain in the rented residence. Several weeks later, she allowed him to move back in for a few weeks in an attempt to reconcile, but it did not work. Now, can she force him out and how?


#2

My apologies for the delay in responding to your post. It was not intentional.

Whether she can enforce the separation agreement now depends on the contents of the agreement. The issue lies in whether the agreement is still in effect after the reconcilliation. If he won’t leave willingly, and the agreement is still in effect, she can have him charged with domestic criminal trespass and perhaps the threat of the charge will be enough to get him to leave willingly.

§ 14‑134.3. Domestic criminal trespass.

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:

(1) A judicial order of separation;

(2) A court order directing the person charged to stay away from the premises occupied by the complainant;

(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or

(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense. (1979, c. 561, s. 2; 1993, c. 539, s. 76; 1994, Ex. Sess., c. 24, s. 14©; 1998‑212, s. 17.19(a).)