Legal Question in Family Law in Georgia
My husband and I are separated, and I am filing for divorce at the beginning of the year. He moved out temporarily, but I do not want him to move back in. I had told him and my stepdad (not a legal agreement, but a personal one) that I wouldn't talk about the divorce for a month if he moved out (my stepdad is old fashioned and seems to think if I "clear my head" and get some space I'll change my mind, but that's not happening), but I am going through with this, I think the whole thing about me waiting is ridiculous. This man is like a child and says because I sent him an email about the cars (I am trying to get rid of the car with a payment on it because neither of us need it on a single income) and the credit card debt being his, he's just gonna come back to the house. Can he just move back in without permission? Can I get a restraining order?
1 Answer from Attorneys
You needed a lawyer and you need him or her yesterday. You cannot bar a spouse from the marital home without a court order, and unless there is a situation of violence or abuse there would usually be no reason a court would bar either spouse from the home at the beginning of a case. However the devil is in the details, and in floundering without counsel things don't get better.
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