Getting her to move out...

[7zcata]

What is the name of your state? MS

My wife is currently having an extramarital affair. We will go to counseling, but I think the focus will mainly be on co-parenting our children after divorce. I plan to file for divorce but that hasn't happened yet (I had to get a new lawyer due to a conflict of interest and we havn't met yet).

She is staying put. We own the house together and have four kids (one is a stepson, but I'm want custody of the other three). Life is walking on eggshells constantly. Is there any legal recourse? Any thoughts?

 

[Zephyr]

you are both entitled to reside in the home until the judge orders one of you out or one of you agrees to leave

 

[LdiJ]

What is the name of your state? MS

My wife is currently having an extramarital affair. We will go to counseling, but I think the focus will mainly be on co-parenting our children after divorce. I plan to file for divorce but that hasn't happened yet (I had to get a new lawyer due to a conflict of interest and we havn't met yet).

She is staying put. We own the house together and have four kids (one is a stepson, but I'm want custody of the other three). Life is walking on eggshells constantly. Is there any legal recourse? Any thoughts?

Who has been the primary caretaker of your three joint children? Who primarily takes them to the doctor, stays home from work when they are sick etc.? Why do you think that you should keep the house rather than your wife? How old are the children? Those are all questions that matter.

Quite frankly, we would advise any parent who is divorcing and has children, to refuse to leave the marital home until a judge decides who gets the house and until child custody is decided or agreed upon, if possible.