My consent order is from Forsyth Co, GA. I live in Cook Co, IL. This weekend I retrieved my personal property from the marital house. The EX kept the house LOCKED. I was not allowed to do a final walk thru, and MANY ITEMS of mine were missing, and damaged due to the EX moving all of my personal property to the garage. I was told since he was awarded SOLE/EXCLUSIVE USE of the house, I was not allowed to make sure any of my stuff was inside. There was a FOCO sheriff there, and was supposed to be "Off Duty" but was in Full Uniform, guns, and vehicle, etc. Intimidation practice??? The EX had a "witness" also who did not inform me he was video taping me, and FOCO told me only 1 person needed to know. What can I do about my missing, and damaged property???
In hindsight, you should have probably moved the personal property from the residence when you initially moved from the residence. The harsh reality id that Judges and Courts generally do not want to spend time fighting over personal property from a divorce case. However, if you can document what personal property that you were awarded and that your Ex still has you may be able to file a legal action known as a Motion and/or Citation of Contempt. You will need to contact a local lawyer to represent you in the contempt action since you are a few states away. The best course of action is to call a lawyer and have them explain what you could possibly expect prior to taking legal action.
Mr. Petterson is correct. Whether your ex could be found in contempt would depend on how specifically the consent order is worded. For instance, if the consent order says you will be allowed to do a walk through and he didn't make that possible, he could be in contempt. If the consent order says you will be able to retrieve A,B, C, D and E property and you know for a fact all of it was in the residence, but he only provided A and C, he could be in contempt. It the consent agreement just said you would allowed to retrieve your personal property, then whether he is a contempt is a bigger question. If you had an attorney during the divorce, speak to that attorney about whether or not it is worth filing a motion for contempt. If you were not represented, you should consult with a family law attorney in Forsyth County. Make sure you bring a copy of your consent agreement together with a list of items that were damaged or not found.
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