Arizona. Married for just under 13 years (and counting).
This might very well be too many questions for one post – or just too damn long. If so, please accept my apologies and by all means – ignore at will (that’s pretty much what the attorney’s, paralegals, judges, and everyone else involved does – so I’m used to it...) Of course, anything you want to share concerning any of this will be greatly appreciated!
(See subsequent posts for additional information - and more questions...)
My STBXW filed for divorce six months ago.
I am not allowed to communicate with her or go to our house because of an Order of Protection she obtained a few weeks prior to filing. (Story/Questions for another day, another forum...)
Soon after the filing mutual friends informed me she was giving away my things (our things really).
We have a copyrighted book for sale on a web site (they offer ‘publishing on demand’ services). Soon after filing, she caused the book to be made ‘unavailable’ for sale, and attempted to have it changed to be in her name only.
Because of these things, and others, my attorney had her served by the court with an Order (Ex-Parte) that indicates the following, among other things:
1 – The equity will go into my attorney’s trust account until further order of the court.
2 – I must agree to the home being listed and sold.
3 – She is not to take anything over $100 out of the home.
4 – She is to obey the preliminary injunction, and she was ‘admonished’ for violating it.
5 – She was also ordered to deliver several items of mine (from a list) to my attorney’s office ‘immediately’. (It took two months for that to happen – which was soon after she finally hired a lawyer. It took a few times and lots of hassle, because there were so many items missing in the first delivery. Including an expensive guitar she had given away that she had to get back and return to me.)
Our house is up for sale – which I agreed to. But, I want my property from it before I agree to an offer – it’s my only leverage I think. My attorney wants to get a court order that all the property be put in storage controlled by the court. But I don’t want to do that – there’s way too much stuff and it will cost a fortune, and just prolong this nightmare.
I simply want to hold out for a full price offer (in which case I’ll have to deal with retrieving my property the best way I can, I guess). Or, I’ll be glad to cooperate on lowering the asking price or even accepting a low offer, when she cooperates on getting my stuff to me. (She wants to accept an offer on the table now, that is 30k under the asking price – 350/380).
Is there a better way of obtaining my things? In a hurry? Should I be concerned about being accused of stalling or anything along those lines, if I continue to decline ‘low’ offers?
I’m willing to hire a neutral third party arbitrator to divide everything, or to simply let the judge do it – but it needs to be done in order for the house to be sold. But the STBXW hasn’t done anything to move the process forward – and she filed in the first place. We’ve requested that I be granted a ‘walk through’ for me to create a list of what I want, etc... But, as usual, there hasn’t even been a response (we’ve asked at least two or three times now).
Isn’t this continued lack of response, along with the violations of the preliminary injunction, and the fact the house is for sale (and the property is going to have to be removed) enough to justify the need for immediate assistance from the court/judge? (As well as this: she refused to provide ‘discovery’ information – any of it – until enough threats were made by my lawyer I guess, but it still took until February – over a month after the deadline, and four months after she filed.)
THANKS IN ADVANCE! (There is a lot more but this is too long already – please let me know if I’ve left out information you need... This is the second attempt at writing this – I had to start over when I realized the first one was five pages heading to the sixth!
This might very well be too many questions for one post – or just too damn long. If so, please accept my apologies and by all means – ignore at will (that’s pretty much what the attorney’s, paralegals, judges, and everyone else involved does – so I’m used to it...) Of course, anything you want to share concerning any of this will be greatly appreciated!
(See subsequent posts for additional information - and more questions...)
My STBXW filed for divorce six months ago.
I am not allowed to communicate with her or go to our house because of an Order of Protection she obtained a few weeks prior to filing. (Story/Questions for another day, another forum...)
Soon after the filing mutual friends informed me she was giving away my things (our things really).
We have a copyrighted book for sale on a web site (they offer ‘publishing on demand’ services). Soon after filing, she caused the book to be made ‘unavailable’ for sale, and attempted to have it changed to be in her name only.
Because of these things, and others, my attorney had her served by the court with an Order (Ex-Parte) that indicates the following, among other things:
1 – The equity will go into my attorney’s trust account until further order of the court.
2 – I must agree to the home being listed and sold.
3 – She is not to take anything over $100 out of the home.
4 – She is to obey the preliminary injunction, and she was ‘admonished’ for violating it.
5 – She was also ordered to deliver several items of mine (from a list) to my attorney’s office ‘immediately’. (It took two months for that to happen – which was soon after she finally hired a lawyer. It took a few times and lots of hassle, because there were so many items missing in the first delivery. Including an expensive guitar she had given away that she had to get back and return to me.)
Our house is up for sale – which I agreed to. But, I want my property from it before I agree to an offer – it’s my only leverage I think. My attorney wants to get a court order that all the property be put in storage controlled by the court. But I don’t want to do that – there’s way too much stuff and it will cost a fortune, and just prolong this nightmare.
I simply want to hold out for a full price offer (in which case I’ll have to deal with retrieving my property the best way I can, I guess). Or, I’ll be glad to cooperate on lowering the asking price or even accepting a low offer, when she cooperates on getting my stuff to me. (She wants to accept an offer on the table now, that is 30k under the asking price – 350/380).
Is there a better way of obtaining my things? In a hurry? Should I be concerned about being accused of stalling or anything along those lines, if I continue to decline ‘low’ offers?
I’m willing to hire a neutral third party arbitrator to divide everything, or to simply let the judge do it – but it needs to be done in order for the house to be sold. But the STBXW hasn’t done anything to move the process forward – and she filed in the first place. We’ve requested that I be granted a ‘walk through’ for me to create a list of what I want, etc... But, as usual, there hasn’t even been a response (we’ve asked at least two or three times now).
Isn’t this continued lack of response, along with the violations of the preliminary injunction, and the fact the house is for sale (and the property is going to have to be removed) enough to justify the need for immediate assistance from the court/judge? (As well as this: she refused to provide ‘discovery’ information – any of it – until enough threats were made by my lawyer I guess, but it still took until February – over a month after the deadline, and four months after she filed.)
THANKS IN ADVANCE! (There is a lot more but this is too long already – please let me know if I’ve left out information you need... This is the second attempt at writing this – I had to start over when I realized the first one was five pages heading to the sixth!
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