Full question:
My wife and I have been arguing and she is now seeking a divorce through a mediator. I am not in favor of divorcing but she claims that I am verbally abusive. I have on a few (maybe 5-6 times during our 20 year marriage) made rude comments. I'm not proud of this and have apologized each time that I lost my temper, but she refuses to forgive me and move on. My question is, based on these facts, does my wife have a legal grounds for making me leave our home and live elsewhere? She claims that if I try to move back to our home that she will file for a restraining order based on the fact that she says that she's been 'abused'. I might also add that on more than one occasion, she has fired back with some not very unpleasant comments to me, as well. I don't take the comments as abuse. Rather, I know that people sometimes loose their tempers and will occasionally say things out of anger that are hurtful and not truly meant. She says that if I try to move back into my home, that not only will she seek a restraining order, but will seek an Attorney to do 'battle' with me rather than seek a mediation and an amicable divorce. She also says that she will let my employer know about this and that this could then jeopardize my career. What should I do?
- Category: Divorce
- Date:
- State: National
Answer:
Generally, a spouse cannot be forced to leave the marital home unless there is a court order granting possession to the other spouse or a restraining order in effect. A restraining order can be issued not only for physical or sexual abuse but also for verbal abuse, stalking, and other threatening behaviors. The court will interpret whether your actions qualify as abuse that justifies a restraining order. Verbal abuse is more likely to result in a restraining order if it is accompanied by persistent harassment or threats. In some cases, attending anger management classes or marital/individual counseling can promote healthier communication in a relationship.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
