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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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Can I get exclusive use of the home orders for myself and our

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Can I get exclusive use of the home orders for myself and our 21 year old son if my husband is spending three nights a wek with a woman and then coming to our family home and spending the rest of the week. I do not know when he comes and goes he wil not tell us. He works from a shop in the back yard so he should pay the mortgage he has for 24 years of our marriage and all the household bill except the equity loan I pay that and food cars etc. He filed for a divorce Oct 12 and I havce agreed and responded. We make about the same money each month but he could make a lot more if he worked more. He has a plumbing business charges 60 an hour takes home 2000.00 a month same as I do now at 17 dollars an hour 80 hours a week and I pay the medical and dental for family and I have pension . He has nothing but the house we own jointly that is worth halof as much as we owe at this time?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

It is possible for you to get exclusive use and possession of the marital residence. You could file a motion in the divorce case requesting that your husband be required to move out while the divorce is proceeding. While you didn't mention it, it would be helpful if he had been violent or threatened violence towards you. The courts are generally more likely to require one party to move out if that party has exhibited violence towards the other.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 10 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

I have filed and my husband has been served the exclusive use of home motion. We will go to court on Dec 21 2011. I paid a paralegal $200.00 each ,to type 2 motions, take them to court to be filed and mail/serve them to my husband.

 

I thought she would be able to help me get the fee waiver income /debt sheet filled in so . it was accepted... but my request was denied because of it and my Response was voided.

 

When I go to court on Tuesday trying to get the Fee waiver or at least payments ,can I bring a new income/debt sheet and a new Response to be filed?

 

 

. I am going to court in two days and I want to. I am asking for a fee waiver and my husband is asking for alimony??!!

Expert:  Joseph replied 2 years ago.

Please clarify this statement:

 

"but my request was denied because of it and my Response was voided"

 

If you know, why was the request denied? And what "Response" was voided?

 

Thank you.

 

 

Customer: replied 2 years ago.

My fee waiver request was sent with my Response and my fee waiver request was denied. I could not pay the 345 dollars within the time they asked ,but my paralegal did request this court date for me within the allowed time after I recieved the notice that my fee waiver was denied.

The paralegal said sometimes this happens and the left hand does not know what the right hand is doing at the courthouse and I shosuld be OK, but I am worried and I want to be as prepared as possible. I wont have the 345 but if they will approve payments then what? They sent me, and my husband,each a notice stating ;

 

"The Response has been voided and payment can no longer be submitted for a filing that has been voided. To proceed a new filing will be required"

 

Do I need to have another Response filled out to bring with me when I go to court to try to get my fees waived ?

 

Expert:  Joseph replied 2 years ago.

From what you have described, this appears to be what occurred:

 

  • The Response was filed along with a fee waiver request
  • The fee waiver request was denied
  • As the fee waiver request was denied and no fee was submitted, the Response was not accepted
  • As the Response was not accepted, you need to file a new one

 

So yes, you will need to file a new Response. On the plus side, it would appear that you could file an identical Response, it just needs to be newly filed. As to the fee, without knowing why it was denied, I can't really say how a second attempt might proceed. While it wouldn't hurt to try, it would seem prudent to have a back-up plan just in case the waiver request is again denied.

 

Please let me know if you need any clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 10 other Family Law Specialists are ready to help you

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