Legal Question in Family Law in Kentucky

removal of wife from the home

My wife goes out and stays with another man alnight. She is having sex with him and admits it, I stay home with the kids, is there anyleagal way to keep her out of the house. I don't want the kids to be around this.


Asked on 1/04/09, 6:59 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: removal of wife from the home

There is the self help approach which carries risks: change all the locks. If she calls the police, though, they will likely expect you to let her in and judges tend to get upset over the self help approach.

The legal route is to file for a legal separation or divorce and then move for possession of the residence. The risk is that you would not win possession, but that she would win. It all depends on the facts that can get entered into court and the judge's disposition.

If she threatens violence or is violent toward you or the children, you can file for an emergency protective order and domestic violence order.

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Answered on 1/05/09, 8:19 am


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