Legal Question in Family Law in Michigan

injunction

If the divorce papers have been filed and one party has already moved out, can a injunction be filed to make the party move back into the house for 6 months???? Also, there has been physical and verbal abuse... Please advise


Asked on 5/26/03, 8:38 pm

2 Answers from Attorneys

Mark Snover Hauer & Snover

Re: injunction

If the only reason you wish to have the other party move back in is so that party must pay their share of the marital expenses, this can be ordered by the court w/out forcing the other party to move back. In regards to abuse, Michigan is a no fault state, which means you can get a divorce from your spouse no matter what the circumstances, fault may be taken into consideration in regards to property distribution, as well as custody and parenting time. If you require additional information please do not hesitate to call, me, Mark Snover 248-258-0800

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Answered on 5/27/03, 4:27 pm
Regina Mullen Legal Data Services, PLC

Re: injunction

Why on earth would you want to force someone who has left the home to move back in? That's not to say that the person can't be made to pay the rent/mortgage under certain circumstances, but clearly if there is abuse and someone has moved out showing a desire to be away, no judge in his right mind will consider making her/him move back in. So, ...maybe the question wasn't stated the way you meant it?

I can imagine a scenario in which the children are left in the marital home and the primary caregiver flees, but wants to move back in and have the abuser ordered OUT. What I can't see is a judge ordering an adult to move back home who clearly doesn't want to be there, whether or not the divorce has been filed. Whomever left had better have a really good reason for wanting back in, though, as it's always a bad idea to move out in the first plce, if you ultimately want the judge to give you possession of the property.

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Answered on 5/27/03, 7:02 pm


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