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Can I get sole possession of rental & community property?

Long Beach, CA |

Hello, and thanks for your help. About a month ago, myy husband served me divorce papers and when i served him my response, he took a few personal items, left the rental apartment and hasn't returned . In my original response, I asked in my Request for Order that he pays rent whether he lived here or not, but our court date is not for another month and I'm guessing the request made him run. My question is, can I revise my RFO to ask for spousal support instead (I'm getting evicted because I can't afford rent on my own) and ask for sole possession of the rental and its contents so he can't come and go as he please? He has threatened to harm me in the past. Thank you.

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Attorney answers 1


Instead of trying to revise your RFO, you should file another RFO requesting the relief that you didn't request in your initial RFO. Your RFOs set forth the requested relief in the FL-300, and the Court may well not allow you to address at the hearing relief not requested in your initial RFO. You should have requested Spousal Support in your initial RFO. You would be far better represented if you retain an experienced Family Law Attorney, but if you can't afford that, you should at least consult with an experienced Family Law Attorney regarding what to file and how to file, and if you can't afford that, go to the Court's Self-Help Clinic for assistance from a volunteer lawyer. Also, if your husband has threatened to harm you, you should file a request for Domestic Violence Restraining Orders, to exclude your husband from the apartment and to restrain him from coming within 100 yards from you. You may qualify for an order for Attorney's Fees, so discuss that with any lawyer(s) who you deal with.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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