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temporary order question

My wife of 13 years has filed divorce and decided to try and run with the kids the day I was to be served. I found them before they were able to get far (luckily since she has threatened for many times to leave the state with them to be with OM).%0d%0aI got a lawyer and got a Status Quo order. last week her lawyer sends letter saying I need to give her 2500, my pickup and other stuff out of the house. I was to meet to write up response this morning but received addendum to the papers filed along with a temporary order of retraint. She is requesting I leave the house, give her 2500, the pickup and car, and pay her lawyer fees and have only supervised visits. Among these are other nonsense like a minimum Life Insurance Policy with her as beneficiary.%0d%0a%0d%0aI have been primary care for our kids and in last 6 or 7 months she has disappeared 2 or 3 times for over a week with no word to me or the kids and no contact at all till she suddenly back. She was basicallly not here for a week except when neither the kids nor I were home, then she just didn't come home and now its been almost 4 weeks. In this time she has made little to no contact with the kids and has not made attempts to see them. I have invited her and have told her she is always welcome to come by when we are home and the kids have invited her, but she has refused all invitations.%0d%0a%0d%0aI am really concerned about the temporary hearing and restraint order kicking me out of the house I pay for, maintain and have done work around. She has a job but her check has only ever gone to pay for debt that she hid from me for years till collectors came looking for money.%0d%0a%0d%0aWith temporary hearing orders of restraint like this, is it possible to fight it and show how insane the requests and allegations are? My lawyer is in court proceedings and cant meet to discuss game plan just yet so I am looking for opinions and thoughts and experienced advice%0d%0athanks

by mmlost   1 Post 
Posted on 6/23/2009 1:01 AM
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Answers for "temporary order question"  (3) (You must be logged in to answer)




FYI - a life insurance policy is NOT by any way or means "nonsense" and in fact BOTH of you should have one named to each other, for the sake of the kids in the event of an untimely death.

 

Also, be aware of something - divorce is justa huge business negotiation. Her requests may seem outrageous - but it is typical practice to ask for more than what you can really get so that there is room to negotiate.

 

What reason did she state for the restraining order? Did she accuse you of abuse? If so, can you prove you weren't abusive in court?

by spaznskitz   7616 Posts
Posted on 6/24/2009 1:00 AM
0





That sounds like a messy situation but you have a lot of options!
Courts put immediate attention on restraining orders and also are very concerned whenever one is filed.  Temporary court orders are generally valid until the court holds another hearing, or until the two spouses work out their own agreement, either on their own or through mediations or negotiations. So basically those are your options when it comes to working through the ordes.
by legalmatch   38 Posts
Posted on 6/23/2009 4:58 PM
0





people sometimes just go crazy during divorces and ask for the world.  there are laws though.  you should talk to your lawyer about the game plan when he/she frees up and until then you should read abotu your state laws, which you can do on this site.  there's a box on this page with state divorce laws.

but meanwhile, document every thing that happens.  it helps.
by paula1   12481 Posts
Posted on 6/23/2009 12:11 PM
0







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