I am trying to get an ex parte order because my soon to be ex-wife, has abandoned the marital residence which she has occupied on an exclusive basis since July, 2010. She has allowed the mortgage to go unpaid and it will be 3 months past due on November 2, 2013. She says she does not intend to return to the home. A relative of hers has changed the locks and given out keys to others all of home come and go into the home at will. They have refused to give me a key.
I have prepared my presentation from information I could gather on the internet. Am I correct that I only need a sworn affidavit and proposed order to request this ex parte order?
I am attaching my prepared order. Could you please go over it and see if there is anything you feel should possibly be changed, and if so, how?
I realize you are not my lawyer but would appreciate any guidance you can give me.
IN THE SUPERIOR COURT OF XXXXXXXX COUNTY
STATE OF GEORGIA
XXXXX. XXXX )
__________Petitioner ) CIVIL ACTION FILE NO. XXXXXXXXXX
XXXXXX XXXXXXXXXXX )
ORDER ON RESPONDENT’S MOTION TO ACCESS THE MARITAL HOME TO PROTECT CONTENTS AND DO REPAIRS TO FACILITATE LISTING AND ATTEMPT TO AVOID FORECLOSURE.
For good cause shown, on the motion of the Respondent, it is hereby ORDERED, in the interest of justice, that the Respondent be granted the following:
1. New locks installed by Respondent are not to be tampered with or changed by any other person.
2. No unauthorized person, as determined by Respondent, shall enter the home by any means for any purpose.
3. Respondent is allowed to take actions to protect the contents of the home and to do repairs that may facilitate marketing of the home, unhindered and without interference by others.
PAGE 2 OF ORDER ON RESPONDENT’S MOTION
4. Petitioner must sign a listing for sale or continue to pay the mortgage.
SO ORDERED this the _____day of ________________,2013.
The Honorable XXXXXXXXXXXX
Superior Court of Cherokee County
Respectfully XXXXX XXXXX _____day of ________________, 2013
Respondent Pro Se
(Some of these items are not in the original position. They were corrupted when I copied them to this page.)