PAUL JD OR LOUISIANA LAWYERS. I have a TRO on my husband for hitting me with a baseball bat in the head. The judge gave me temporary use of his house even though he bought it before marriage. I have contributed to the house (building now). The court date is May 29th. How do I get it continued to stay in the house longer to save money and/or what reasons can I give the judge to stay in the house. We are both disabled but he has an extra horse barn income and can stay at family. I have no where else to go. Help. I need the reason for continuance and/or how to stay in house (reasons). This is his second arrest in three weeks for Aggravated Battery on me and I have not been arrested on these charges. I need to buy time because I know eventually he'll get his house back. We have not filed divorce but he may when he gets out of jail. Can I stay in the house through the divorce proceedings if he files? I need details.
State/Country relating to question: Louisiana
I am sorry, but in the past I have answered numerous questions for you without any payments. I do not mean to offend you, but please understand that as attorneys all we have is our time and to continue to answer questions without being compensated is unfair to us. Thank you for your understanding on this issue.In an case of spousal abuse the court may allow you to remain in his separate property up to the issuance of the divorce if it was the marital home, but not beyond the date the order of divorce is entered by the court. You need to present evidence of the abuse and that he has a place to stay while you did not. If you can satisfy the court of this and present proof of the arrests in the form of the police reports, the court can grant you an order to remain in the home during the pendency of the divorce.
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There was a problem with my credit card that is why I could not pay you. I will gladly pay you if you can assure you have answered all my questions. Do I need to file an ANSWER BEFORE THE COURT DATE OR JUST PRESENT IT IN COURT.
No problem, I just needed to clear the air and no offense was intended and you notice I continued to provide you with answers.You need to file an answer to the divorce before the court date, you have 20 days from the date you are served with the divorce and failure to do so will result in the court granting a divorce by default and giving him everything he is asking for and removing you from the house.
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