Can I file a civil suit against my ex-husband?

Asked over 2 years ago - Lansing, IL

I was married 15 years and I moved out of state with my husband. After several weeks, I moved back to our home state and filed for divorce. I tried to return to get my items but he refused to allow me to come get my things, changed the locks and moved his girlfriend in. I was going to get the police and return because my name was on the home we were leasing but my attorney advised against it. He stated that if someone was to get hurt I could lose my children and that I should wait and the judge in our home state would order him to allow me access to the home to get my clothes. To my surprise, l6 months after the lease was up and the divorce was finalized, the judge informed me that she had no jurisdiction in the other state. He immediately sold all my clothes, jewelery, and handbags

Attorney answers (3)

  1. 1

    Lawyer agrees

    Answered . Your question is unclear insofar as to how "long" ago this happened. Sounds like an issue of "personal" jurisdiction, or lack thereof. Again, post isn't clear in regards to the timeline. Talk to a family law attorney in your area for specific guidance.

  2. 1

    Lawyer agrees

    Answered . It sounds like you waited until the end of your case before you attempted to retrieve you items. The judge in your home state had no jurisdiction over the Illinois divorce and could not order your ex to do anything. You should have taken care of the return of your items in the Illinois case and long before your case was finalized.

  3. 1

    Lawyer agrees

    Answered . Is Illinois the home state, the other state, or neither? It would help if you could be more specific. Also, when did this happen. We need some reference points, here,

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and recovering personal property

Recovering personal property involves making amicable attempts to get your things back from your spouse. If this fails, call your attorney.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now