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