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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My husband filed and left the home on his own

Customer Question

My husband filed for divorcee and left the home on his own free will. I have not been served yet. He said that I will have to leave because he had temporary orders for me to leave the house. The sheriff said that I do not have to let him back in because he left on his own free will. Is this true?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Thank you for allowing me to assist you.
In what state is this happening? To find out if there is truly an order, you should go to the divorce court in your county and look up your names to get any case number. Then, you can view the file once you have the case number. You can look and see if there is an order. If so, you should look through the file to see if your ex claimed to give you notice of a hearing? Once you have that information. If there is truly an order for you to be removed from the home, you will have to leave once served, unless you get to court before then and ask for an order stopping your removal from the home (which might be possible since you were not given actual notice of the hearing, if there was one.) If there is no order, then he has no right to make you leave.
Do you have any other questions?