Legal Question in Criminal Law in Kansas

My wife and I have decided to divorce, im coming home on leave and want to stay

I am a a soildier heading home on leave from iraq and want to stay in my own home. my wife and i decided on getting a divorce. she doesnt want me to stay there because she thinks im gonna take everything and run. i just want to see my kids and stay in my own home. Were still married im only coming home for 14 days. Legalaly am i entitled to stay there. thank you

Asked on 4/05/05, 8:44 pm

2 Answers from Attorneys

Bonnie Selby Bonnie J. Selby, Attorney at Law
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Re: My wife and I have decided to divorce, im coming home on leave and want to s

If you have decided to divorce, why would you wish to stay in the home? Doesn't that present a complication of matters if she does not want you there?

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4/05/05, 9:00 pm
James Peter Law Office of James A. Peter
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Re: My wife and I have decided to divorce, im coming home on leave and want to s

If your wife has filed for divorce, you may not be legally entitled to be in the home. There could be a temporary order that orders you out of the home and carries sanctions for contempt of court if you violate it. Other things that may be set forth in a temporary order are custody and specific visitation dates and times for you. If the divorce has not been filed or if filed but no order prohibits your return, you would then be entitled to return to the home, however such a stay may not be in anyone's best interest.

You may want to consider employing the services of an attorney to prepare and file the divorce on your behalf prior to your arrival in order to have more control over language in the temporary order.

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4/16/05, 9:39 am

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