If I’m currently in Afghanistan and my wife wants a divorce, what do I need to do to gain entry to my house and see my son when I return?
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If I’m currently in Afghanistan and my wife wants a divorce, what do I need to do to gain entry to my house and see my son when I return?
She has stated that when I return, she is not going to let me in the house to secure my belongings/ Also, she is not going to let me see my son.
Asked on December 31, 2012 under Family Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Until there is a separation agreement, divorce decree or court order in place which prohibits you from occupying the house, you have every legal right to enter. The fact is that at this point, the house is condsidered to be the "marital residence", so you have as much right to be there as your wife does. Additionally, until there is a court order egarding custody/visitation of your son, you cannot be kept from him.
However, for your son's sake, you don't want to ceate a scene in front fo him if you do try to enter the house and see him. Consequently, you should discuss this whole matter directly with a divorce attorney in the area when you return.
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