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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11768
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have just been emailed a petition along with a temporary

Customer Question

I have just been emailed a petition for divorce along with a temporary domestic order on the 7th.We have been separated since August each of us spending one week at the house with our 2 daughter 10 and 12 while the other resides with a relative on the off week.I am a stay at home dad and I have a home business. Her attorney has requested that I start moving out my office on Monday and to be finished by Friday next week. The home was mine prior to getting married and I have always been at home with the girls raising them while my wife was working. We have been married 15 years. I am scrambling to get a lawyer but it may not happen before Monday and now I am trying to figure out if I should remain in the house as she has chosen my off week to do this and Monday starts my on week back at the house. Since separating I have been going to work once she has left the house and leaving once she returns to make sure the children are not unsupervised.
What am I supposed to do. I feel if I leave it may set a legal president that I have left the residence. If I stay I don't want to get into trouble.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I am sorry to hear that. Was the order signed? If not, why did you not receive notice of a hearing? You can challenge it if you never got notice. If you owned the house prior to the marriage, then it is yours. If you leave now to avoid confrontation in front of the girls, it would not mean you abandon your ability to negotiate all marital assets or that you lose your right to the house. You simply explain you did not want a confrontation in front of the children.