My spouse and I have been living apart for over a year. The reason for our separation was not divorce and my personal papers clothes and belongings etc remained at the house, I did not even change my address. Now my spouse has filed for divorce and obtained a TRO which among other things prevents me from returning to the marital residence. I would like to get that part of the TRO lifted. Can I do this and should the request be made in the answer, counterclaim or in a separate motion to the court?
There is no domestic violence, threats etc involved.
Family Law Attorney
I don't know about your particular county but any order can be changed by motion and hearing if there is good reason to do so. The circumstances change things obviously but my best advice would be to have your divorce attorney, whoever you choose, deal with this for you. Implicit in that answer, of course, is that you should not try to handle this yourself. Get counsel on board right away.
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1 lawyer agrees
Divorce / Separation Lawyer
I agree with Attorney Reynolds. You should involve counsel sooner, rather than later. Without seeing the wording of the TRO, it is impossible to comment on the full scope of the provisions. I believe it is possible that the provision preventing you from returning to the marital residence is a prohibition on you returning as an occupant, and not as a visitor (with permission from your spouse) to retrieve personal property that is undisputed as your own. However, I urge you to consult an experienced attorney to advise you before taking any action.
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2 lawyers agree
Divorce / Separation Lawyer
It would require a motion. In my county, a grant of exclusive occupancy is made to a party on an affidavit that the other person has voluntarily vacated. Don't know what your local rules state, but if in my county, it doesn't surprise me it was granted. Get an attorney.
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