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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118237
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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ok ty for the last answer ok next question, my soon to be ex-wife

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ok ty for the last answer ok next question, my soon to be ex-wife moved out about 2 and a half months ago and moved in with the guy that I found out she was cheating with, now I have asked her to remove her stuff from my home on several occasions but she refuses to do so, is there anything that I can do to force her to remove her stuff so that I may make a clean break and get on with my life? the divorce says she gets to keep what she had before the marriage, I get to keep what I had and that we "have" divided the joint property since the separation but of course it has not been divided yet, what are my options?
Thank you for your new question.

You would have to first send her a written notice to remove her property by a certain date at least 30 days. Then you need to file a motion in your divorce proceeding to compel her to remove the property and if she does not remove it by that time then you would be able to put it out on the curb for her to get or not.
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Customer: replied 4 years ago.

ok now this is an uncontested divorce and she had me sign an entry of appearance and a waiver of service that says " respondent hereby enters a general appearance in this cause, waives the right to answer herein, and agrees that said cause may be tried and judgment rendered without further notice to him" now will that affect my filing a motion to compel? and when i send or give her a written notice do I file the notice as well as the motion at the same time? from my understanding she should get a hearing and the divorce granted in a very short period of time is that correct?

Thank you for your response.

No, because the motion to compel has nothing to do with the divorce itself. You can send her the motion to compel filled out and tell her if she does not come and get the property you are going to file the enclosed motion and seek fees and damages for her refusing to get her property.

Depending on the court calendar, OK can grant divorces fairly fast, but that still does not mean they cannot order her to take the things she was supposed to take.
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Customer: replied 4 years ago.

ok sorry but still not quite clear on this, so 1. I send her a notice, does it has to be mailed? 2. I include a made out motion to compel and state in the notice that if she does not remove her stuff that i will file the motion, would that be at the end of the 30 days that I file it? and do I need to file the notice at the courthouse? and 3. the fees and damages would be like storage fees or something? and 4. should all of this stuff include the case information like the plaintiff, respondent case number XXXXX? sorry just want to make sure I get it right

Thank you for your response.

The simplest way to do this is:

1) Send her a letter priority mail with delivery confirmation, this is proof you sent the letter and it was delivered. In the letter state she has to a particular date to get her things and after that you will file a motion to compel in court and you are attaching a copy.

2) If she fails to comply, you file a motion to compel in court for her to pick up the property she agreed upon in the separation of property and ask the court to award you costs and attorney's fees for having to go to court as well as reasonable fees for storage. Then the court would order her to get the property or forfeit the rights to the property.

Just the motion should contain the case information. The letter should be professional telling her to come and get the property that she agreed was her's by a certain date.
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Customer: replied 4 years ago.

ok that is a bit clearer ty, and one last thing, she said before that when she finally does come and get her stuff that the guy she was cheating with and now lives with would bring her to get it and I asked her politely not to bring him anywhere near my house due the the very harsh feelings I have concerning him and I did not want there to be a physical confrontation which would probably happen if he gets anywhere near my property, is there anyway that I can legally keep her from bringing him anywhere near my home?

You need to tell her if he comes to your house you will call the police. If she brings him call the police to keep the peace and you do not have to allow him on your property. If he comes on the property he is trespassing and you can have him arrested.
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Customer: replied 4 years ago.

wow that was fast, ok but I cannot keep him from coming say in front of my house like in the street? because the police would in fact be there to keep me off of him not the other way around lol

You cannot keep him from coming in the street off of your property. However, take the high road because he is not worth it. Call the police and take as many deep breaths as you need to just stay away from him.
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Customer: replied 4 years ago.

ok last but not least, she said that he would bring his friend to help her move the stuff but I really don't want his friends in my home, he is a bit of a shady character and they could be as well for all I know they could be scoping out my house while they are there to come back while I am away, is there anyway to make her use some type of neutral parties or some other way to handle this without letting his friends in?

You can offer to supply the help to remove the property. You do not have to allow anyone you do not want in your house into your house and you need to tell her up front.
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Customer: replied 4 years ago.

ok so like a friend and myself can say move whatever she cannot carry herself to the street then they can load it from there? and thanks in advance you have been such a great help and I know I am probably a bit of a pain lol you will for sure get a very high rating from me thanks again

Yes, you can move it to the street for her to load from there or you can move it right onto the truck to get it over with and be done with it.
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