A friend of mine whose husband moved out eight months ago has just returned to her/their home and stated he's moving back in. During this time he has had virtually nothing to do with his children, a high school senior and a third grader. He is now telling the youngest, who hasn't been told she has filed for divorce, that it is his mother who doesn't want him back. She filed for divorce within weeks of his departure. He had been unfaithful for years and stated he needed to go find himself.

My question is does she have any legal grounds to ask him to leave the house. I know they shouldn't sleep together but he's a power/control kind of guy and tries to control everything. Apparently his lawyer says he has a right to return to the house.

What are her rights, if any? Any guidelines she should follow? Should she leave? If he wants back and has left her with complete childcare since May, is it all right for her to leave the house for the night if he refuses to leave.

It's becoming ugly and her attornery is gone till the end of the week. ANY SUGGESTIONS, THANKS.

Same thing happened to me. My H tried to move back 2 days before Christmas. My lawyer was on vacation. I went to court to get restraining order which was denied. (He is not violent). Then I had to file for order to show cause, and separation. That kept him out.

Depends on the state, but in California, the H can move in anytime, and wife can't do a thing about it. She needs to see lawyer. In the meantime she just needs to get by, day to day.

NOT true --- if he's not provided any support for the time while he was gone - he cannot move back into the home without her permission.

Call the police.

Jan