I was asked to leave my home in august to give my wife some space to think about the state of our marriage. We have been together for 12 years. I have tried over the course of these past 2 months to return home, but she has resisted. I finally got upset that she wouldn't let me return and called her a bad word via text. She went to the police and has barred me from returning home with a temp restraining order. We went to court last Monday and agreed to a civil restraining order until a divorce is finalized. She has exclusive occupancy of my home. I do not have the means to pay for my own apartment, bills and her alimony and attorney fees as she is requesting in her divorce papers. Would it pay for me to contest this since there is no history of abuse, adultery, cruelty, abandonment, etc.?
you really should have consulted an attorney before going to court on the FRO hearing. Based on what you are saying, it is very likely that an attorney would have been able to dismiss the TRO, courts are hesitant to grant restraining orders based on verbal abuse/harassment unless it is very extreme.
However now that you have agreed to civil restrains and agreed to stay out of the house, it will difficult to contest it.
Generally you have as much right to stay in your home as your wife until the divorce is finalized.
Do you have a matrimonial attorney to handle your divorce? You will certainly need one considering all the issue you have.
I provide free consultations and flexible payment plans. If you would like to discuss further you can contact me at 551-427-4428
As has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. Skipping a consult under the facts you've set out is the very definition of being "penny wise / pound foolish."
I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. Be read the riot act on the domestic violence act, which is unfortunately sometimes abused by someone with a weak custody case. Learn. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.