TRY ME!
Temporary Motion And Divorce
Summary
A temporary motion for property use typically doesnt take effect until the court hearing unless specified otherwise. Until then, your spouse may stay in the home. If your spouse doesnt respond to the divorce petition by the deadline, a default judgment may be granted, but conditions like moving out depend on court orders. You can file a motion for an expedited hearing if urgent, citing reasons like emotional abuse. If contested, the divorce will proceed with both parties presenting arguments. Consider consulting a lawyer for guidance.Full Conversation
Yes. He is residing here. He sdaid he would move out by the end of january or the first week of february. He has been depositing money into a separate account since January and stopped contributing any money to lie here since MArch 1st. I owned the home before we got married.
It sounds like you're in a tough situation. Given that your spouse has stopped contributing towards the household expenses since March 1st and there's a scheduled hearing on May 5th, you might want to gather evidence of your ownership of the home and any financial records showing his lack of contribution.
Would you like some guidance on how to prepare for your upcoming hearing?
Would you like some guidance on how to prepare for your upcoming hearing?
yes
Here are some steps to prepare for your hearing:
- Gather proof of ownership of the home (deed, mortgage documents).
- Collect financial records showing his lack of contribution since March 1st.
- Document any communications where he stated he would move out.
- Prepare a statement detailing the situation and how it affects you.
Is there anything specific you need help with?
- Gather proof of ownership of the home (deed, mortgage documents).
- Collect financial records showing his lack of contribution since March 1st.
- Document any communications where he stated he would move out.
- Prepare a statement detailing the situation and how it affects you.
Is there anything specific you need help with?
If the hearing isn't scheuled until May 5th, can he stay here without paying anything?
Case Rating: *
If the hearing isn't scheduled until May 5th, your spouse can generally stay in the house without paying anything unless the court issues a specific order for him to contribute or vacate. Document his lack of contributions and any agreements made.
Would you like assistance in preparing specific documents for your hearing?
If the hearing isn't scheduled until May 5th, your spouse can generally stay in the house without paying anything unless the court issues a specific order for him to contribute or vacate. Document his lack of contributions and any agreements made.
Would you like assistance in preparing specific documents for your hearing?
Can I petition the court to be heard before the hearing May 5th?
Case Rating: *
Yes, you can petition the court for an earlier hearing date by filing a motion for an expedited hearing or an emergency motion. This request should explain the urgency and the reasons why an earlier hearing is necessary. You may want to consult with a lawyer to help you draft this motion effectively.
Would you like more information on how to file this motion?
Yes, you can petition the court for an earlier hearing date by filing a motion for an expedited hearing or an emergency motion. This request should explain the urgency and the reasons why an earlier hearing is necessary. You may want to consult with a lawyer to help you draft this motion effectively.
Would you like more information on how to file this motion?
He was served the petition for divorce today. He has until April 9th to respond. If he doesn't respond he will be in default. Wouldn't the divorce be granted on the default? Would he then have to move out? That is almost a month before the temporary orders hearing.
Case Rating: *
Yes, if your spouse does not respond by April 9th, he may be in default, and the court could grant the divorce based on default. However, the specific conditions, such as whether he would have to move out, depend on the court's orders.
Would you like more assistance on how to navigate this situation?
Yes, if your spouse does not respond by April 9th, he may be in default, and the court could grant the divorce based on default. However, the specific conditions, such as whether he would have to move out, depend on the court's orders.
Would you like more assistance on how to navigate this situation?
yes
Case Rating: *
Given your situation, here are some steps to consider:
- File a Motion for Expedited Hearing: Since your spouse is not contributing to household expenses and the hearing is not until May 5th, you can request an earlier hearing.
- Document Everything: Continue to gather evidence of your ownership, financial contributions, and any communication regarding his promise to move out.
- Default Divorce: If your spouse does not respond by April 9th, you can request a default judgment, but the court will decide on the conditions, including his residency.
Would you like assistance with any specific documents or legal procedures?
Given your situation, here are some steps to consider:
- File a Motion for Expedited Hearing: Since your spouse is not contributing to household expenses and the hearing is not until May 5th, you can request an earlier hearing.
- Document Everything: Continue to gather evidence of your ownership, financial contributions, and any communication regarding his promise to move out.
- Default Divorce: If your spouse does not respond by April 9th, you can request a default judgment, but the court will decide on the conditions, including his residency.
Would you like assistance with any specific documents or legal procedures?
He has been emotionally and verbally abusive, but I was hoping he would respond better if I didn't bring that up. Should I add that to my as for expwedited hearing?
Case Rating: *
Yes, you should include the emotional and verbal abuse in your motion for an expedited hearing. This information can demonstrate the urgency and necessity for the court to address your situation sooner. Abuse can be a strong factor in convincing the court to grant an earlier hearing date.
Would you like more details on how to draft this motion effectively?
Yes, you should include the emotional and verbal abuse in your motion for an expedited hearing. This information can demonstrate the urgency and necessity for the court to address your situation sooner. Abuse can be a strong factor in convincing the court to grant an earlier hearing date.
Would you like more details on how to draft this motion effectively?
yes
Case Rating: *
Given the details of your situation, adding information about emotional and verbal abuse to your motion for an expedited hearing is important. Here are some steps to draft this motion effectively:
- Clearly explain the urgency of your situation.
- Include specific examples of emotional and verbal abuse.
- Provide evidence of your ownership and financial hardships.
Would you like help drafting this motion?
Given the details of your situation, adding information about emotional and verbal abuse to your motion for an expedited hearing is important. Here are some steps to draft this motion effectively:
- Clearly explain the urgency of your situation.
- Include specific examples of emotional and verbal abuse.
- Provide evidence of your ownership and financial hardships.
Would you like help drafting this motion?
yes
Case Rating: *
It seems like your case might be high value and you might benefit from connecting with local lawyers who can better assist you with your case. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
It seems like your case might be high value and you might benefit from connecting with local lawyers who can better assist you with your case. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
If he contests/responds to the divorce petition, what happens?
Case Rating: *
If your spouse responds to the divorce petition, the case will proceed as a contested divorce. This means both parties will present their arguments and evidence in court, and the court will make decisions on issues such as property division, spousal support, and other relevant matters.
Do you need assistance with preparing for a contested divorce?
If your spouse responds to the divorce petition, the case will proceed as a contested divorce. This means both parties will present their arguments and evidence in court, and the court will make decisions on issues such as property division, spousal support, and other relevant matters.
Do you need assistance with preparing for a contested divorce?
There is nothing to contest becuase we have only been married 2 years. We have no community property, no community personal property, and no children. What could he contest?
Case Rating: *
Your spouse could potentially contest the divorce itself, your claims, or specific conditions such as spousal support or property division. Even if there are no community assets or children, he might contest claims related to separate property or other issues.
Would you like assistance with preparing your case in case he contests the divorce?
Your spouse could potentially contest the divorce itself, your claims, or specific conditions such as spousal support or property division. Even if there are no community assets or children, he might contest claims related to separate property or other issues.
Would you like assistance with preparing your case in case he contests the divorce?
no thank you.
Case Rating: *
It seems like you have a clear understanding of your situation and the steps you need to take moving forward. If you need any more information or assistance in the future, feel free to reach out. Best of luck with your case!
It seems like you have a clear understanding of your situation and the steps you need to take moving forward. If you need any more information or assistance in the future, feel free to reach out. Best of luck with your case!
Start a new chat