What rules /test do judge have in place to award temporary exclusive possession of mat home?
My ex and I are working through the divorce since our nov 11 separation. We continue to live in the mat home and have 3 children. She is claiming spousal abuse (emotional not physical - no police were ever called). It's a frosty relationship but there is no yelling etc.
We had some custody etc agreements but she wouldn't move on equalization as it appears we would have to sell the house - really she wants the home.
So her lawyer (now 2nd) is claiming spousal abuse and awarding her temporary exclusive possession of the home pending a determination of issues.
I don't really want to move out without access and financial agreements in place, primarily cause i'll only see my kids on her terms.
We have a conference scheduled for later this month but I am wondering exactly what legal test judges use for awarding temporary exclusive possession. What is the litmus test.
Thanks,
My ex and I are working through the divorce since our nov 11 separation. We continue to live in the mat home and have 3 children. She is claiming spousal abuse (emotional not physical - no police were ever called). It's a frosty relationship but there is no yelling etc.
We had some custody etc agreements but she wouldn't move on equalization as it appears we would have to sell the house - really she wants the home.
So her lawyer (now 2nd) is claiming spousal abuse and awarding her temporary exclusive possession of the home pending a determination of issues.
I don't really want to move out without access and financial agreements in place, primarily cause i'll only see my kids on her terms.
We have a conference scheduled for later this month but I am wondering exactly what legal test judges use for awarding temporary exclusive possession. What is the litmus test.
Thanks,
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