Temp Order possible?

[Dumbhubby]

What is the name of your state? PA
Is it possible to get a temp order to keep my separated wife off the marital property? Im currently living in the home as she took off.
I am finding out more and more, such as her loans going into collections, not paying traffic violations/missingrequired court dates, and Im worried that she might try and enter and take more then she did when she left.
If it is possible, how does the process work..fill out a form then appear before a judge?
thanx

 

[nextwife]

What is the name of your state? PA
Is it possible to get a temp order to keep my separated wife off the marital property? Im currently living in the home as she took off.
I am finding out more and more, such as her loans going into collections, not paying traffic violations/missingrequired court dates, and Im worried that she might try and enter and take more then she did when she left.
If it is possible, how does the process work..fill out a form then appear before a judge?
thanx

Suggestion: Inventory and store off-site all items of any value now in the home - electronics, furniture, china, art, what all. So they may be awarded by the court. Videotape their removal so you can show the court you are not trying to steal anything, just stash it until the property setttlement states who gets what.

 

[majomom1]

What is the name of your state? PA
Is it possible to get a temp order to keep my separated wife off the marital property? Im currently living in the home as she took off.
I am finding out more and more, such as her loans going into collections, not paying traffic violations/missingrequired court dates, and Im worried that she might try and enter and take more then she did when she left.
If it is possible, how does the process work..fill out a form then appear before a judge?
thanx

Have you filed for divorce yet? You should be able to request a temporary order with it, and set a date that states she is solely responsible for everything beyond that date.

Either take pictures, or use a cam corder and walk through the house. Make a list of everything. (You will need a property list for the divorce anyway). Anything that you think 'might' disappear... put it in storage or some place for safe keeping. You cannot take it, but you can protect it pending the divorce settlement, or hearing.

 

[majomom1]

Suggestion: Inventory and store off-site all items of any value now in the home - electronics, furniture, china, art, what all. So they may be awarded by the court. Videotape their removal so you can show the court you are not trying to steal anything, just stash it until the property setttlement states who gets what.

Wow... Nextwife... we are in sync tonight!

 

[Dumbhubby]

thanx for the quick responses.
After this past week I have come to the conclusion that filing for divorce is the best thing for me and my son.
I really wish this is a live forum where we can actually speak live as there is so much to say about this whole mess, but i guess I will have to wait until Jan 2nd to talk to my lawyer as we will meet for rd 2 of this TRO nonsense as she didnt show up for the 1st one.

 

[LdiJ]

thanx for the quick responses.
After this past week I have come to the conclusion that filing for divorce is the best thing for me and my son.
I really wish this is a live forum where we can actually speak live as there is so much to say about this whole mess, but i guess I will have to wait until Jan 2nd to talk to my lawyer as we will meet for rd 2 of this TRO nonsense as she didnt show up for the 1st one.

Technically, you cannot keep her out of the marital residence until a judge orders that you have sole possession of the marital residence.

However, despite what others might say, you CAN change the locks. If she is smart about things, that would only give you a temporary reprieve. However if you are really worried that she might take things, perhaps to pawn them, it would be safer to change the locks and maybe get slapped on the wrist for it, than to lose assets to a pawnshop.

 

[Dumbhubby]

Technically, you cannot keep her out of the marital residence until a judge orders that you have sole possession of the marital residence./QUOTE]

That's what I was asking; if there were a quicker way to get a court order by going to the courthouse rather then waiting for divorce papers.
Plus my town of 6 small-town cops would love to respond to a situation of a female complaint of being locked out.
And I stress again...I am NOT playing "get back at mom" here. Believe me there are just too many details to post about.

 

[LdiJ]

Technically, you cannot keep her out of the marital residence until a judge orders that you have sole possession of the marital residence./QUOTE]

That's what I was asking; if there were a quicker way to get a court order by going to the courthouse rather then waiting for divorce papers.
Plus my town of 6 small-town cops would love to respond to a situation of a female complaint of being locked out.
And I stress again...I am NOT playing "get back at mom" here. Believe me there are just too many details to post about.

You would have to file for divorce, and at the same time ask the judge to order that you retain temporary possession of the marital residence.

 

[majomom1]

Technically, you cannot keep her out of the marital residence until a judge orders that you have sole possession of the marital residence.

However, despite what others might say, you CAN change the locks. If she is smart about things, that would only give you a temporary reprieve. However if you are really worried that she might take things, perhaps to pawn them, it would be safer to change the locks and maybe get slapped on the wrist for it, than to lose assets to a pawnshop.

I did this during my divorce. I didn't have an order by the judge, but I did have a copy of my filed petition, and the sheriff's deputy accepted that when my ex tried to make me let him on the property. Typically, if there is a petition filed, law enforcement will tell the other party to wait for court and work it out there. They did remind me that if I took or hid anything that I could be in trouble as well. I was more than willing to show the deputy anything my ex was looking for. My ex had already removed some of the assets and admitted that to the deputy... so he was told NO MORE. Work it out in court.