NJ trying to return to marital residence

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NJ trying to return to marital residence

Postby embattled » Fri Jul 13, 2012 4:10 pm

Question: Can I stop NJ -- who left the residence -- from moving back into the residence after the divorce has been filed?

Situation: NJ moved away to another state, left the kids, got a job, got a BF. I filed for divorce, she was served. Then my atty motioned for a rushed pendente lite to give me temporary custody, and exclusive possession of the marital residence. The court hearing is schedule in a week. NJ has indicated that she is returning to our state, probably may even attempt to move back into the marital residence. My atty advised me to change the locks.

However, I believe NJ will return to the residence and hover there until I am there with the children and force her way inside, where she will remain. That situation would be hostile for me and the kids.

She will probably motion to delay the pendente lite hearing scheduled for next week, giving her more time to insert herself in the residence.

Any advice on how to avoid her moving back in? I'll ask my atty but haven't heard back from him, and may not before she returns.

Thanks.
(asking for a friend)
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Re: NJ trying to return to marital residence

Postby Fatheroffour » Fri Jul 13, 2012 4:58 pm

When my ex moved out I moved in family members to head her off. There was ne where left to sleep in the house.
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Re: NJ trying to return to marital residence

Postby capslock » Fri Jul 13, 2012 5:05 pm

Personally, I would visit with a local sergeant at the local constable station and tell them the situation including your fear of what she will do to confront you. Then if she showed up I'd call and say hey, I spoke to sergeant Homeslice and he said to call you if I had any problems.
I would have filed a TRO along with the divorce filing.
...or I could be wrong.
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Re: NJ trying to return to marital residence

Postby Max » Mon Jul 16, 2012 6:59 am

I'd be sure my audio/video recorder(s) were with me, functioning and in use. May get lucky and have her picked up on DV and get a Temp Order of Protection on her. Where I am she'd be lucky to get to court for that prior to you hearing in a week.
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Re: NJ trying to return to marital residence

Postby BubbaGumpShrimp » Mon Jul 16, 2012 11:06 am

Change the locks. Tape a notice inside the glass next to the doors (or in a window facing the front door) that only 'xxxxx' is authorized to enter the property. Yeah...your friend may not have a court order to back that up, but I doubt that a locksmith is going to allow her entry if it looks like she might be in violation of some kind of order.

If she shows up...call the police. Do not even make contact/talk with her...just call the police and tell them that she abandoned the marital residence and has now returned to continue harassment. They should escort her away.
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