ReadyOne
Ready to Rock!
- Joined
- Mar 31, 2003
- Posts
- 2,107
This is a generic request for legal advice based on a story. Not a real situation. Just want to know what the possibilities might be in a story.
Assume a partner committed an unpardonable sin. Look at page 2 of GeorgeAnderson's recent tale February Sucks for an example.
You have lost all trust and faith, are very angry, and expect they will be also when you tell them you want them out and you're starting a divorce. You wouldn't be surprised if they threw a tantrum and trashed the home and/or your belongings.
You are married and both names are on a title deed/mortgage or lease agreement. Locking them out could cause you big problems; in theory they have as much right to be there are you do.
If you live in California, I suppose there is nothing you could do to protect yourself except to get a U-Haul and start packing before they get home. When they do arrive, they call the cops who tell you the courts won't let you keep your spouse out and they will arrest you if don't let the spouse in.
In another state, could you change the locks (new ones at 24 hour wally world) and tell the cops the spouse is not getting in? What if the spouse broke in the next day when you went to work?
You could pack and move out. But wouldn't that be abandonment when things got to court?
Could you work something where there is a law about domestic disturbances which require the cops to move one party out?
What if you paid for the spouse to live at a by the week place for a week, and the cops (or neighbors) watched them just get their clothes and toiletries? Could you move all their things to a storage unit and agrue they have everything (bed, clothes, kitchen) they need for a week?
Of course that assume you have lots of spare cash...
Any ideas how you could legally keep the spouse out for a few days until you can get to court and file for a divorce and/or restraining order? Short of video of them beating you up, could you even get an order?
Given that state and community laws differ, would you be able to do something in only a few states, or in many, or most states?
----
I know what I'd like to do in a story, but I suspect the comments would be filled with "not real", "legal b. s.", "never be allowed where I live", "get real".
Assume a partner committed an unpardonable sin. Look at page 2 of GeorgeAnderson's recent tale February Sucks for an example.
You have lost all trust and faith, are very angry, and expect they will be also when you tell them you want them out and you're starting a divorce. You wouldn't be surprised if they threw a tantrum and trashed the home and/or your belongings.
You are married and both names are on a title deed/mortgage or lease agreement. Locking them out could cause you big problems; in theory they have as much right to be there are you do.
If you live in California, I suppose there is nothing you could do to protect yourself except to get a U-Haul and start packing before they get home. When they do arrive, they call the cops who tell you the courts won't let you keep your spouse out and they will arrest you if don't let the spouse in.
In another state, could you change the locks (new ones at 24 hour wally world) and tell the cops the spouse is not getting in? What if the spouse broke in the next day when you went to work?
You could pack and move out. But wouldn't that be abandonment when things got to court?
Could you work something where there is a law about domestic disturbances which require the cops to move one party out?
What if you paid for the spouse to live at a by the week place for a week, and the cops (or neighbors) watched them just get their clothes and toiletries? Could you move all their things to a storage unit and agrue they have everything (bed, clothes, kitchen) they need for a week?
Of course that assume you have lots of spare cash...
Any ideas how you could legally keep the spouse out for a few days until you can get to court and file for a divorce and/or restraining order? Short of video of them beating you up, could you even get an order?
Given that state and community laws differ, would you be able to do something in only a few states, or in many, or most states?
----
I know what I'd like to do in a story, but I suspect the comments would be filled with "not real", "legal b. s.", "never be allowed where I live", "get real".
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