Can I still retrieve personal property after time-frame given in divorce decree?

Asked about 1 year ago - Atlanta, GA

Part of my divorce settlement was that I was to retrieve my personal items from the home my spouse was to keep within 21 days of divorce. My ex had placed a protective order against me, therefore I had to contact the Sheriff's Dept in an attempt to have them go with me to get my belongings. They informed me that they have to make contact with my ex as he owned the home in order to get permission and only then can they go with me to get my things. They made attempts, even a few times with me on speaker phone to calling his home phone and left messages. I made every attempt possible and now I am in fear that he has disposed of my things some of which were passed down to me as well as furniture. His atty states that I was in contempt for not retrieving within the timeframe. What can I do?

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

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    Best Answer
    chosen by asker

    Answered . Why would talk to his attorney? Don't! Call YOUR attorney, who likely can solve this with a phone call to his attorney, and if not, by you filing a contempt against him for refusing to allow you to get the items in the time frame. Make that call Monday. You should have made it weeks ago.

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  2. Paula Jeanette Mcgill

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You can file a petition for contempt for the failure to comply with the court order to allow you to retrieve your items. You should ask for additional time with a date certain the deputies can accompany you to the house or the value of your items. You should do this ASAP (tomorrow). If you don't have an attorney, retain one and obtain affidavits or reports from the Deputies in the Sheriff's Department who called to attempt to retrieve your belongings.

    pmcgill@mcgilllawoffices.com (516)510-0112 (phone) (202)747-2882 (facsimile)
  3. Lee Alan Thompson

    Contributor Level 20

    Answered . My first thought was you are out of luck. However, because of the order and the attempts made, I'd say you should get your own attorney and file a contempt and ask for attorney fees.

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 Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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