I filed the summons and complaint for my divorce. my husband filed an answer and counterclaims. If i didn't state maintenance and exclusive occupancy of the marital residence in my complaint and I didnt reply to the answer and counterclaims, am I prohibited from making a pendente lite motion for maintenance and exlclusive occupancy of the marital resdidence?
No, you are not prohibited from moving for support and exclusive occupancy. With respect to your husband's answer and counterclaims, unless you have a written stipulation with your husband extending your time to answer the counterclaims, you should answer them now.
It appears that you brought this action for divorce pro se. I think you you are still entitled to apply for pendente lite maintenance and exclusive possession of the marital residence. I suggest that you combine you motion for pendente llite maintenance with a request to amend your complaint to include all of the relief you wish the court to grant you. Though not necessary, file a rely to the counter-claims.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline