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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband and I have temporary orders and are in the process

Customer Question

My husband and I have temporary orders and are in the process of a divorce. I have asked him to please come and retrieve the rest of his personal items which he is now refusing to do stating that until our divorce is final he will not do so. I have been awarded temporary orders with soul occupancy of the home with our children. Can I legally force him to get his personal belongings?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

Your husband is merely trying to assert some level of control by his childish antics---because he feels that he has lost control---and over you he has. The court will not force him to get his things---ever. When the divorce is final, he will be given a "reasonable" amount of time to recover the property he recovers in the divorce and if he fails to retrieve the property in a reasonable time, it will become yours. To prevent the game from continuing forever, ask of the court for a date certain after which you may do with his property as you see fit.

For the time being, you can rid yourself of his things, and put an end to the control gave as regards his things by simply moving them to another place---perhaps a local storage locker. Yes, you will have to pay for the locker, but he won;t be back in the home again, and his things will be but a bad memory---well worth the cost.

I hope you found my answer informative, even if the law is not necessarily in your favor. I wish you the best in 2012.