Temporary Orders

[luvurself]

What is the name of your state (only U.S. law)? MA

I just received papers from my stbx's lawyer. There is one that has confused me:

TEMPORARY ORDERS

PENDING A HEARING on the merits of this action or until further order of the Court, it is hereby ordered that:
1. ....
2. ....
3. ....
4. ....
5. Plaintiff (stbx) shall have sole use and occupancy of the marital residence located at **************and shall be resposible for and shall pay the operating expenses in connection therewith;

This sounds like my stbx's lawyer is ordering me out of he marital home but the Temp Order is not dated nor has it been signed by a judge.
What am I supposed to do? I do not have a lawyer.

 

[LdiJ]

What is the name of your state (only U.S. law)? MA

I just received papers from my stbx's lawyer. There is one that has confused me:

TEMPORARY ORDERS

PENDING A HEARING on the merits of this action or until further order of the Court, it is hereby ordered that:
1. ....
2. ....
3. ....
4. ....
5. Plaintiff (stbx) shall have sole use and occupancy of the marital residence located at **************and shall be resposible for and shall pay the operating expenses in connection therewith;

This sounds like my stbx's lawyer is ordering me out of he marital home but the Temp Order is not dated nor has it been signed by a judge.
What am I supposed to do? I do not have a lawyer.

This is what your stbx's lawyer wants the judge to order, but it is not yet ordered. Points 1-5 are all the same, nothing has been ordered by a judge yet, therefore nothing is an order yet.

However, honestly, you probably need an attorney too.

 

[luvurself]

This is what your stbx's lawyer wants the judge to order, but it is not yet ordered. Points 1-5 are all the same, nothing has been ordered by a judge yet, therefore nothing is an order yet.

However, honestly, you probably need an attorney too.

I can't afford an attorney.
I'm moving out by the end of this month anyways and the court date for this motion is Sept 8th.

 

[mistoffolees]

I can't afford an attorney.

Probably 50% of the posters here say that same thing. I wonder how often it's really true.

In reality, if there are any significant assets involved, there are kids involved, or the marriage is long enough for spousal support to be an issue, then you can't afford NOT to have an attorney.

If you're both reasonable about things, many divorces can be settled for a few thousand dollars per person. Ask yourself if it's worth potentially messing up the rest of your life to save a few thousand dollars - which can probably be taken out of marital assets, anyway. Remember that if there's equity in the home and you're giving the home up, you should get your half of the marital portion of the equity.

If there are no kids, short term marriage, and no assets, then you MAY be able to get by without an attorney, but you need to spend some time learning the law in your state so you don't get blind-sided.

 

[penelope10]

Probably 50% of the posters here say that same thing. I wonder how often it's really true.

In reality, if there are any significant assets involved, there are kids involved, or the marriage is long enough for spousal support to be an issue, then you can't afford NOT to have an attorney.

If you're both reasonable about things, many divorces can be settled for a few thousand dollars per person. Ask yourself if it's worth potentially messing up the rest of your life to save a few thousand dollars - which can probably be taken out of marital assets, anyway. Remember that if there's equity in the home and you're giving the home up, you should get your half of the marital portion of the equity.

If there are no kids, short term marriage, and no assets, then you MAY be able to get by without an attorney, but you need to spend some time learning the law in your state so you don't get blind-sided.

I totally agree with this. And as I've pointed out several times on other posts, depending on your income, plus other factors, you may be able to gain access to an attorney that is willing to work for a "reduced" fee. Try calling the State Bar. They should be able to steer you in a course that may prove beneficial when seeking legal counsel. If that doesn't pan out, there are attorneys that give consultations at a reasonable fee, or sometimes even for free....

 

[luvurself]

I totally agree with this. And as I've pointed out several times on other posts, depending on your income, plus other factors, you may be able to gain access to an attorney that is willing to work for a "reduced" fee. Try calling the State Bar. They should be able to steer you in a course that may prove beneficial when seeking legal counsel. If that doesn't pan out, there are attorneys that give consultations at a reasonable fee, or sometimes even for free....

I've done all of that already and i don't qualify because of my income. Unfortunately, I don't have any funds available to obtain a lawyer nor do I have anyone in which I could borrow the money from. And yes, there is marital property and children involved. And there's no equity in the marital home.
The only thing we don't agree on is child support (he wants to decrease it), which will be left up to the judge to decide. We've already decided who gets what (stbx gets everything) as far as the marital home, furniture, etc. I'm not fighting for anything. I just want to make sure that my children are taken care of.

 

[TheGeekess]

I've done all of that already and i don't qualify because of my income. Unfortunately, I don't have any funds available to obtain a lawyer nor do I have anyone in which I could borrow the money from. And yes, there is marital property and children involved. And there's no equity in the marital home.
The only thing we don't agree on is child support (he wants to decrease it), which will be left up to the judge to decide. We've already decided who gets what (stbx gets everything) as far as the marital home, furniture, etc. I'm not fighting for anything. I just want to make sure that my children are taken care of.

I'd find a CS calculator for your state and run the numbers. Most judges won't deviate from those without a darn good reason.