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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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From Clover, South Carolina - My 36 year old stepdaughter is

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From Clover, South Carolina - My 36 year old stepdaughter is an alcoholic. Her husband has discussed divorce and has talked to an attorney. He left the family home two days ago with their 1 1/2 year old daughter after filing a child custody hearing for today. He was granted temporary custody and she has been ordered to leave the home by 5 tomorrow afternoon. Can the judge order that? and what happens to their co-owned assets?

Yes, the judge can order that. This is a temporary order, and generally whoever has temporary custody of the child will also get custody of the home until a permanent order can be issued (after a more thorough hearing).


As for their joint assets, they both still own them. Usually in the temporary order the judge issues something saying that neither party is to dispose of any assets, or incur debts. The personal property will be divided at a later date.

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