filing affidavidt for motions

[Rhonda&Kids]

I've noticed my ex's lawyer files his affidavidt and financial stmt at the last minute before the court date. It gives me no time read it or analyze it so it can be questioned or argued after the judg reads it. I need time to absorb it. Last minute production of pages and pages of reading sucks for an adult with ADHD.
What is the 'rule" in filing affidavidts before a motion hearing.

Other question. How many things can I deal with in one motion ie: spousal support, imputing income, custody access.

Anyone know how I can get an order to go to the matramonial home (its in his name) and get my things out (my personal things). He won't let me and I want my stuff. Cops can't help when he says "no she's not allowed on the property".

[dadtotheend]

Another tried and true dirty tactic in family law is to walk in your materials at the last minute. Been there.

[representingself]

Another tried and true dirty tactic in family law is to walk in your materials at the last minute. Been there.

I've never understood how they can get away with it either...

It seems like the "RULES" are more like general guidelines....

[billiechic]

happened to me too. Judge accepted his affidavit before but not mine until after she made the temporary order. Definitely would have made a difference, as there was photo evidence that would have kept the restraining order in place.

[Technodaddy]

Like someone else said, common dirty trick. Sure sign of a slimy lawyer.

I would complain to the judge when you get into the motion and ask if you can submit new material, he may say no and he may say go back book another date and submit your material to eachother earlier.

That happened to me.

Jusge told both of us to get lost and book a new date.

Expense lesson learned.

I've noticed my ex's lawyer files his affidavidt and financial stmt at the last minute before the court date. It gives me no time read it or analyze it so it can be questioned or argued after the judg reads it. I need time to absorb it. Last minute production of pages and pages of reading sucks for an adult with ADHD.
What is the 'rule" in filing affidavidts before a motion hearing.

Other question. How many things can I deal with in one motion ie: spousal support, imputing income, custody access.

Anyone know how I can get an order to go to the matramonial home (its in his name) and get my things out (my personal things). He won't let me and I want my stuff. Cops can't help when he says "no she's not allowed on the property".

[NBDad]

I've noticed my ex's lawyer files his affidavidt and financial stmt at the last minute before the court date. It gives me no time read it or analyze it so it can be questioned or argued after the judg reads it. I need time to absorb it. Last minute production of pages and pages of reading sucks for an adult with ADHD.

Are you self rep? If so, you should ask the judge for time to review the documentation and review so you can respond to it as it was filed at the last minute. Otherwise, your lawyer should be arguing for a continuance until you have had time to review the financial documentation provided.

Other question. How many things can I deal with in one motion ie: spousal support, imputing income, custody access.

It's all part of the same coin....all tied together, so I imagine you have to deal with all of it, unless the two of you can agree on some of it beforehand.

Anyone know how I can get an order to go to the matramonial home (its in his name) and get my things out (my personal things). He won't let me and I want my stuff. Cops can't help when he says "no she's not allowed on the property".

How long have you been gone from it? Were the two of you actually "married". What kind of "personal things" are you looking to get out of it?
If you were actually "married" you can go in at any time, hell you can show up with a locksmith while he is at work and have the locks changed on him to get your stuff. If you want to do it the "proper" way, then you give him 24 hours notice, (call your local office of the rentalsman for the procedure to follow on giving a tenant notice that you are entering the property).

He CANNOT stop you from going into the matrimonial home to retrieve your personal belongings (clothing, etc)....he CAN contest you taking furniture/etc out until equalization has been completed. If you want to go in and take pictures to show what the assets in the home are, or to confirm the property is being kept up and not damaged, then you are able to do so.

If you have no lawyer and he does, send a notice to his lawyer that you wish to retrieve your personal belongings (list them) and to confirm the matrimonial home is being kept up, and to take pictures of the assets in the home as part of valuation for equalization. Indicate you will provide them with copies of pictures taken as well as sign a list of items you removed from the matrimonial home. Request he provide a date/time for this to be done. (that way it costs him money as you go through the lawyer). If the request is refused, bring a motion to court for it.

[blinkandimgone]

Give him 24 hours notice that you wish to come and gets some things. Have a copy of your marriage certificate and info about the home handy as well as any documentation you have about the items that are yours. If you feel there will be an issue when you arrive call for a police escort, show them the papers if necessary and go get your things.

[standing on the sidelines]

when me and my ex split and he came with the police to take his personal property. I let him take stuff that he paid for and more then just his clothes. The only thing I did not let him take was the fridge as it was summer and it was the only fridge I had. After that he left a note of things he would like and I packed it up and left it where he was staying.

[NBDad]

Exactly...he cannot prevent you from entering the mat. home if you were actually married....common law is a bit more sticky.

He CAN contest you taking big ticket items (furniture/etc), but you ARE allowed to document what is IN the home for valuation purposes.