Yes, unless there’s a court order in place saying otherwise, you are legally able to resume occupancy of your home, alongside your spouse, even if they object.
However, if you’re still talking about divorcing, things haven’t improved by taking some time apart, and your spouse doesn’t want you to move back in, it may be time to simply go ahead and file.
Choosing to divorce isn’t easy for anyone, but when your options are spending money on a home you don’t live in or moving back in with a spouse who doesn’t want you there, it may be the realistic choice.
While divorce is a difficult time, you may feel deep down that moving back in is only delaying the inevitable, while adding possibly many months of strife and stress to what’s eventually coming anyway.
At Zelenitz, Shapiro & D’Agostino, we know that people struggle with the decision to divorce, and often make extreme choices in order to avoid it.
We can help you evaluate your options and figure out the way forward that will work best for you. Call us today at 718-523-1111 for a free consultation with an experienced Queens divorce attorney.