Who goes where?


Hi seekingpath:

I’m just curious how you’ve managed to split the week with your daughter. I’m currently trying to do so and I was wondering what works for ya’ll. Also, how did you go about the separation process? Any advice you can give would be great! Thanks!


Dear seekingpath:

Greetings. You should send your spouse a letter that says he cannot move back in or you will consider it domestic criminal trespass and file charges for the same.

Now, you are going to tell me “Wow, that is harsh” - yes, but it will be more harsh for you if you don’t tell him and he moves back in.

As far as attorneys getting bogged down in “he said/she said” - you just need to hire the right attorneys. If you proceed with the collaborative process, the past will not matter as much as the future. The collaborative process focuses on resolutions to problems, not the problems themselves. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Hi-I’d appreciate some help on this one.
My husband and I separated on a trial basis about five months ago. He agreed to move out of the house and into an apartment. Our six year old currently spends 1/2 of each week with each of us. Now I have told him I want to proceed to divorce and he wants back in the house. I have no desire to claim he abandoned the property, but I don’t want to move out, either, especially since the house is in my name.

Complicating this a bit is that he has a psychological problem that causes him to seriously warp the past (example: he is currently claiming that I forced him to take a job that I actually asked him NOT to take). I’m afraid that any involvement of lawyers will get hung up in he-said/she-said where the he-said part is untrue but nearly impossible to substantiate. It’s perfectly imaginable that he’d say that I ‘forced’ him out in the first place, even though this was done in our marriage counselor’s office (I assume she can’t weigh in on this in any official way).

Is it possible that he could simply move back in without my consent? Can he force me out? Am I right that my goal should be to stay in the house to avoid being charged with abandoning the property myself? Finally, is it possible to engage in collaborative divorce (really my preference) with someone who is prone to twisting the truth?
Many thanks!