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How likely is it that I can get temporary custody, remain in marital home, and a TRO immediately after filing?

Quantico, VA |
Filed under: Filing for divorce

My wife has an alcohol and drug abuse problem and is endangering our 2-year old daughter (as well as myself). What are the chances of being able to get an emergency hearing and being granted temporary custody of my daughter, remain in the marital home (with wife forced to leave), and a temporary restraining order to prevent my wife from causing property damage, physical and emotional distress, etc. to me and my daughter once I break the news of wanting a divorce? Can this potentially be handled the same day or shortly after I file?

Attorney Answers 2


Once you file the divorce, you are entitled to a Pendente Lite hearing which will establish some temporary rules regarding child custody and support, property issues as to who has possession of the house or cars, spousal support, and health insurance. You should consult with an attorney regarding the filing and the timing of subsequent hearings. Each circuit court has their own local rules as to how to schedule and when you may schedule these matters. Generally, a PL hearing can be set within a matter of a week or so after the filing.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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I strongly suggest that you speak with a Prince William attorney regarding the facts of your case. Best of luck.

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