QUESTION

What can I do if I feel my attorney is not fighting to get me back in the home?

Asked on Dec 05th, 2012 on Divorce - Michigan
More details to this question:
I am an at home father. My wife filed for divorce. I was put out of the house. No abuse. I feel my attorney is not fighting to get me back in the home. I do not know what to do. I was awarded temporary alimony of $1500.00. I feel I should be in the home. I home school my children. I'm allowed to come to our home everyday to teach my children. Then I have to leave at night when my wife gets home and come back to the home each day to teach. I’m staying at a friend’s house but I want to be in our home and my wife to leave. I haven't worked in 13 years. I have been the primary caregiver to our children for all that time. I do all the house and yard work. plus cooking, home, and auto maintenance. What can I do?
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9 ANSWERS

You will likely need to have all of that determined at Trial With no income, you will need to show you can afford the house payments in order to stay there.
Answered on Dec 06th, 2012 at 11:28 PM

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Steven D. Dunnings
If there exists a custody order, who has the most overnights.
Answered on Dec 06th, 2012 at 9:13 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get a good attorney and fight for your rights and property.
Answered on Dec 06th, 2012 at 2:54 AM

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Suzanne H. Lombardi
If you feel that your attorney is not fighting for you I would suggest you have a frank talk with him or her. If you still are not getting results then your best bet may be to get another attorney who will fight harder for you to get interim possession of the home.
Answered on Dec 06th, 2012 at 2:26 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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It does not sound like you would have the ability to maintain the income post-dissolution, which might be why you are not in the home. If you want to understand your attorney's decisions, you need to directly ask your attorney and determine your reasonable options.
Answered on Dec 05th, 2012 at 4:25 PM

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fire your attorney
Answered on Dec 05th, 2012 at 4:24 PM

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Great question. You have the power and authority to fire your attorney, pick up your file and retain another attorney to proceed with your case. Good luck.
Answered on Dec 05th, 2012 at 4:21 PM

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The judge is probably trying to avoid conflicts by keeping you out. The house is a trial issue, so this could go on for a long time. It really is up to the judge but your attorney could file a motion and request a switch - not sure that it'd be successful though and it'd cost you more in fees.
Answered on Dec 05th, 2012 at 4:20 PM

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If you are not happy with your present attorney and feel that your interests are not being properly represented, hire a new one.
Answered on Dec 05th, 2012 at 4:17 PM

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