What does a Complaint for divorce or custody mean?

The Complaint in a divorce or custody action means that the other Party has opened a case in family court and is requesting relief. Although the Complaint is filed with the Court, the Plaintiff’s request as stated in the Complaint may or may not be granted. The Complaint is simply a request by the movant. Often attorneys prepare generic complaints which include unlikely provisions such as attorney fees and spousal support. You must answer a complaint within 20 days of personal service. After an answer is filed, no orders will be implemented until the Parties either file a temporary or permanent agreement or appear before a judge.

Will the Police enforce my custody order?

Yes and No. It all depends of the police officer that arrives at the scene. Most officers do not like getting involved in domestic disputes over custody orders. It has been my experience that police will instruct you to either obtain counsel or to handle the matter in Court. It really is a crap shoot.

Can my husband/wife kick me out of the martial residence?

Absent a Court Order, Temporary Protective Order or instructions from the police or child protective services, your spouse cannot kick you out of the house.

If a spouse wants the other spouse out of the house, they must file a Motion for Exclusive Possession providing just cause why the other Party should be ordered to move from the residence. Or, in cases of domestic violence, the applicant can have the other Party removed from the marital residence if a Temporary Protective Order is granted.

Can the Court send me for drug testing in a custody case or divorce case that includes children?

Yes! If there are allegations that you or the other Party are using either legal (non- prescribed) narcotics or illegal narcotics, you can be sent for a drug test. The Court will actually stamp your hand at Court and you are instructed to go straight from the Court to the drug testing facility.

I tell my clients, the quickest way to lose your children is to do drugs!!!!!

Do I lose my interest in the martial residence if I move out?

In divorce cases, typically someone is going to move and the Court understands this; however, there may be some negative ramifications of moving out of the martial residence. There may also be some financial responsibilities to which you may or may not be obligated to pay. Each case is different, as such, it is best to talk to an attorney prior to moving.

The short answer is, if you have an interest in the marital residence, you will not lose the interest by moving out.

Does it matter who files first in a custody or divorce case?

The answer to that question is simple. NO! DOES NOT MATTER WHO FILES FIRST….

Family and friends may steer you wrong……

Family law practitioners often hear, “my friend or family said that I am entitled to X.” I can’t tell you how many times that I have heard this statement or, “my friend went through a divorce and she received X.”

Every case is different. First, your family and friends probably do not know the law and if your family or friends went through a divorce/child custody action, their action probably had a different judge and the facts are usually different. The other consideration is that your friends and family are probably only telling you what they believe to be true or what they want you to know.

This advice is also relevant in most fields of law including car accidents, wrongful death cases, personal injury cases, medical malpractice cases and slip and fall cases.

A little knowledge can be very dangerous. Listen to your lawyer.