Legal Question in Family Law in New York
Abandonment of Residence
When I returned home from serving in the armed services, I discovered my spouse had removed my childrens personal clothing, childrens photographs from the walls, kitchen dishes, pots, pans, and many of her own personal clothing. The home has the appearance of not having been lived in for some time. Several days after my return, I was served with a petition for divorce.
Since my return, I have kept my two minor children with me at all times, and we are in posession of our home at this time. However, my spouse continues to enter our home at will, and I fear she will continue to remove items as she deems fit.
My question is simply, do I have the right to assume that since she has obviously removed the childrens items from the home, removed other household items necessary to prepare meals, and dress the children, is that sufficient cause for me to assume she has left the home, and I have the right to restrict her entrance to our home..??
In other words, what is reason enough for me to disallow her access to our home.
Sadly, as I have only recently returned, I have not yet been able to retain the services of a local attorney. My search for an attorney will continue on Monday morning. Please respond as soon as possible.
2 Answers from Attorneys
Re: Abandonment of Residence
This post seems to be a more detailed description of the same situation in another post, which I replied to in much the same way as did Mr. O'Donnell here. Of course, you may call our office to schedule an appointment if you wish to discuss your matter further.
Re: Abandonment of Residence
Unfortunately, your situation does not allow for quick answers. I would highly recommend that you retain an attorney as soon as possible. Your attorney should address your entire situation and not just the symptoms.
Please feel free to contact me to assist you in this legal matter.
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