Civil Matter?

[tuffbrk]

What is the name of your state? NJ
Background:
Divorced 1-4. Decree states that the ex is to vacate the home on or before 1-31. Advised last night that an apartment has still not been secured and if there's no place to go - oh well. Called the police station this morning to inquire if the ex doesn't vacate, and I go to the police station on 2/1 with the divorce decree in hand, will they escort ex off the premises.

Was advised that no, they will not as this is a civil matter, not a criminal matter, and that I'd need to go back to court.

My questions:
In lieu of going back to court, if I wait for ex to leave the house, to go shopping for instance, and then I change the locks and refuse to allow re-entry, would the ex have any recourse against me?

Otherwise, presumably I will need to figure out how to file contempt I'd think, take time off to file it and have to then wait for a court date?

Thanks in advance.

[tranquility]

Go back to court. Any other course could set up issues, depending on what the exact facts are, which could put the ex in the driver's seat. Why give up your advantage?

[tuffbrk]

Long story: because I'll need to research if it's contempt that I'd file or an eviction, find whatever forms, download and complete the verbiage on the form - hopefully correctly- as needed, take time off of work to file it, wait for a court date, then take another day off to go to court.

In the interim, I'd have to live with the ex - while paying 37% of my net salary in alimony to someone who prefers to live rent free (who wouldn't?) and enjoys running up the utilities all day long while I'm at work and the kids are at school.

Short Story: I'd really rather not be inconvenienced. It was a 3 yr long ordeal. But I degress...Specific verbiage related to occupancy-

The parties are owners, as tenants by the entirety, of the marital residence located at XXX. Beginning January 31, 2008, the date by which Husband must vacate the residence, and continuing through the sale of the home, Wife and the minor children shall be entitled to exclusive occupancy and possession of the residence. Wife represents that she will not move a third party into the residence pending sale.

Further verbiage (Personal Property) -
Each party shall retain their own personal clothing, jewelry and other personal effects. Husband must arrange to have all of his personal property, including his vehicles, removed by January 31, 2008 from the former marital residence.

So-back to my question - if I change the locks, would he have any recourse against me?

[tranquility]

My answer is my answer. I understand you don't want to go through the hassle of doing it right, but litigants don't enforce court orders, the court does.

[tuffbrk]

I already have a court order, which is apparently unenforceable as written - without having to go back to court for a different order, pay more fees, etc. How inefficient of a process. One would think they'd provide you with an enforceable order upfront. But this is the government and I guess now I know why there's a revolving door in Family Court! Thanks for your time Tranquility.

[Zigner]

Originally Posted by tuffbrk

I already have a court order, which is apparently unenforceable as written - without having to go back to court for a different order, pay more fees, etc. How inefficient of a process. One would think they'd provide you with an enforceable order upfront. But this is the government and I guess now I know why there's a revolving door in Family Court! Thanks for your time Tranquility.

Don't blame it on the system...it's really not the court's fault that the parties involved don't follow through.

[tuffbrk]

Zigner - I absolutely don't disagree with you that people should do what they are supposed to. On the other hand, it just doesn't make sense to issue a court order that is not enforceable if a party does not comply. It puts me in the position of having to go back to court. After having to take off just about every other day from mid-December through the final divorce, with little to no notice to my manager, a day off anytime soon is going to go over like a lead balloon.

I've not done anything wrong, yet I'm the one who pays for it. But... WOWZA! Just realized that I'm ranting! LOL! Sorry about that...Have a good one.

[Zigner]

Originally Posted by tuffbrk

Zigner - I absolutely don't disagree with you that people should do what they are supposed to. On the other hand, it just doesn't make sense to issue a court order that is not enforceable if a party does not comply.

Who wrote the order that you both agreed to? Not the courts. I totally understand what you are trying to say, but you're wrong. It's not up to the courts to baby-sit you or the other party.

[tuffbrk]

Okay - then the laws in family court need to be revised. Similar to criminal court whereby if you don't comply with a family court order, police can enforce it.