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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-12-2015, 07:46 PM
abuseddad abuseddad is offline
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Default exclusive position application due to exclusive position

So I got served and an information court session is set. Requests are exclusive position of the home and claiming toxic, verbal cruelty and intolerable environment.

In that case, does the court order exclusive possession right away?
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Old 11-16-2015, 03:46 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
In that case, does the court order exclusive possession right away?
Courts do not spontaneously make decisions.

Orders from from motions brought by parties. If someone wants an Order for exclusive possession of the home, the options are:
1- motion without notice (needing good reason for there to be no notice)
2- motion before a case conference, if urgency is acknowledged by the court
3- regular motion after the case conference
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Old 11-18-2015, 11:30 PM
abuseddad abuseddad is offline
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Thanks.
Any grounds for exclusive possession? I am responding with options to alternate, i.e me spending one week at home with the kids and STBX the week after.
A rental property will be used to alternate. Not sure if the court will appreciate my proposal.

I am the one driving the kids to school and all other recreational activities. I stay with them at home more, as the STBX Is going on dates. Will that make a difference at court? Or irrelevant?
Thanks
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