QUESTION

My wife ran away today and wants a divorce how do I file first and get temporary custody of the kids and house?

Asked on Mar 02nd, 2013 on Divorce - California
More details to this question:
How do I file a divorce before my wife does on Monday so I can get temporary custody of my kids and my house?
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10 ANSWERS

Family Law Attorney serving Rogers, AR at Wright, Lindsey & Jennings LLP
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In order to file for divorce and seek temporary custody, I strongly encourage you to seek legal counsel. With an attorney's assistance, you can file a complaint for divorce, requesting temporary and permanent custody. If there are emergency circumstances suggesting that your child is in imminent danger while in the custody of the other parent, you may be in a position to seek an emergency custody order (or ex parte order). If there are not emergency circumstances, then you may request a temporary hearing be scheduled so that temporary custody can be determined in the very near future. The order for a temporary hearing can often be served on the other party at the same time of the complaint for divorce. In terms of timing, technically, who files first will not prevent you from requesting temporary hearing. If your spouse "beats you to the courthouse", you can proceed by answering the divorce complaint, filing a counterclaim, and requesting a temporary hearing be set as soon as possible.
Answered on Mar 05th, 2013 at 11:32 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney and move ASAP, seeking an ex-part custody and use order while she is gone and out.
Answered on Mar 05th, 2013 at 11:25 PM

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Your best bet is to call some lawyers and see if any of them have time to see you and draft up a petition in a very short time. Since a snowstorm is on the way, speed may be harder just now than at other times. There are standard forms which you may be able to get from the Clerk of Court in your county. Generally these things are one-size-fits-all, and a lawyer could likely do a better job.
Answered on Mar 05th, 2013 at 11:22 PM

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Go to court and do the paperwork today or hire an attorney to do it. There won't be any custody orders or orders on the house at this stage. You can both share the kids and the house. The house is a trial issue and so won't be decided until the end of the case.
Answered on Mar 05th, 2013 at 6:04 AM

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Contact a local family law attorney ASAP.
Answered on Mar 05th, 2013 at 6:04 AM

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Carolyn Roschelle Jones
You need to file a Petition for Divorce and a Petition for Temporary Custody and exclusive use and possession of the house.
Answered on Mar 05th, 2013 at 6:03 AM

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Call an attorney. Or go to the court and ask for a packet of dissolution papers. They can be very confusing so an atty is your best bet.
Answered on Mar 04th, 2013 at 11:05 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You call the Idaho State Bar and get a referral and get an attorney to file the complaint for divorce and a motion for temporary orders.
Answered on Mar 04th, 2013 at 11:04 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Hire an attorney.
Answered on Mar 04th, 2013 at 11:03 PM

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You can go file the petition for dissolution and an ex-parte custody and visitation order. You will need to show the court that there is an emergency and that if your wife was to take the children it would cause them harm.
Answered on Mar 04th, 2013 at 10:59 PM

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