QUESTION
Where can I file a complaint against him for kicking us out?
Asked on Aug 27th, 2014 on Divorce - North Carolina
More details to this question:
We have been married for around 5 years. We are together 8. My son and I we have green cards for 10 years. My husband and I separated over email and refuses to let me in in our apartment that he rented actually for us. I was on vacation abroad while he moved out stuff from one state to other due to new job. I returned back and have nowhere to stay. I don’t have an apartment, no car, no documents. Everything is in his apartment. I got some money to stay for one week in hotel. My husband cannot file for divorce yet since he has to be resident there for at least 6 month. He is responsible for us also financially, right?
8 ANSWERS
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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You can try contacting law enforcement and explaining that he locked you and your child out of your home and you need to get back in. They will want to see some proof that you reside there, such as a lease with your name on it. As for a remedy through the Courts, what you described is a form of marital misconduct called malicious turning out of doors. You should commence an action against this man for custody, child support, and potentially alimony if you depended on him for your own support. As part of that lawsuit, you can also ask for a form of a restraining order called a preliminary injunction that prevents him from interfering with your access to the residence.
Answered on Aug 29th, 2014 at 8:10 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I strongly suggest that you contact an experienced family law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 29th, 2014 at 8:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can either file an emergency motion in the new state or file in the old state which has jurisdiction. He is responsible for child support if you file, not necessarily for support of you, although you can probably get at least temporary support.
Answered on Aug 29th, 2014 at 8:10 PM
Attorney serving New Orleans, LA
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Nancy C. Chachere Attorney at Law
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If your name is on the lease and there hasn't been an eviction, you should still be able to access the apartment. You can file for support, but you have to have an address to serve him the papers. While most states require at least six months residency in order to file for divorce, each state is different and many people misrepresent their situation on court papers.
Answered on Aug 29th, 2014 at 8:10 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You need to file in the state that you live in. You already have residency there. Immediately file papers and ask that there be orders for Spousal Support (assuming he earns more than you earn), and for Child Support if he is the father of your child. If you wait for him to file, you will have to go to that state in order to ask for support, and for every hearing and your trial.
Answered on Aug 29th, 2014 at 8:10 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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File an emergency petition for child support.
Answered on Aug 29th, 2014 at 8:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney, perhaps two, an immigration and a divorce attorney immediately. You need to an have a court gain jurisdiction of this matter immediately if you are going to be helped.
Answered on Aug 29th, 2014 at 8:10 PM
You have every right to retrieve your belongings and if your husband will not allow you to do this voluntarily, you can request that a police officer go to his residence with you and force him to give you time to get your belongings. You can also petition a Court where he is residing to draft a temporary order which would set out things like spousal and child support and also parenting time. This task may be difficult and although money is short you may want to look into some form of legal aid (many areas offer free legal aid clinics) to make sure that you are protected.
Answered on Aug 29th, 2014 at 8:10 PM