Temporary orders and divorce.

Small_Quarter_3673 · 2022-11-16T16:14:17+00:00

Fight for what you want. Don't move out and don't give 50 50. Do not break because she is putting pressure on you. Tell your attorney not to budge at all

Grand-Expression-493 · 2022-11-16T16:20:40+00:00

she wants exclusive use of the home asap

Nope. Her lawyer wants her to have exclusive use of the home.

I hope you come out ahead in this, your STBXW is a bitch.

dday_throwaway3 · 2022-11-16T17:15:31+00:00

Do not voluntarily move out. Her removing you from the home is a ploy for her to obtain the lion's share of parenting time. More here: http://forum.mensdivorce.com/viewtopic.php?f=4&t=81622

bes753 · 2022-11-16T22:39:37+00:00

I have a hearing tomorrow for the motion my STBXW filed asking for exclusive possession of the house. I'll let you know how it goes.

In terms of my response, I made sure to point out that her and I have cohabitated for over 3 months with no issues, there is no history of violence in our marriage, I continue to contribute to the household chores, I continue to exercise parenting time without her (so she clearly doesn't see me as a threat to the kids), and we lack for the financial means to support two households to the extent that removing me from the home would render me homeless.

Like others have said, do not ever leave willingly. Make her file the motion and then fight it.

Ambitious_Flow9819 · 2022-11-16T16:51:13+00:00

Stand your ground. Don’t move out. Be the most perfect father you can be going forward. Spend as much time as you can with your kids. I’m in a similar situation. She has temp full custody and I’m trying to prove my case that I’m a good father. I make sure my kids have fun with me. Take plenty of genuine happy pictures that I’ll include in my case. I make sure I make them meals and help with homework. Do everything you can and write it down. Every detail is important. You have to prove beyond a doubt to the judge that you can be a good father. Focus on the kids 100%. Judges want to see that you are putting your kids first, always.

derelictherds · 2022-11-16T18:26:32+00:00

FWIW my ex tried the exclusive use of the house BS and the judge shot it down. There was no history of abuse, addiction, etc... she simply wanted me out of the house. The judge actually seemed annoyed by this.

Dig in and fight for 50/50 and remember that temp orders are often the blueprint for the final decree.

jimsmythee · 2022-11-16T19:28:31+00:00

Fight this unreasonable request of hers.

You are entitled to 50% of the equity in the house.

You can get 50/50 custody.

there's an affidavit of financial information and that needs to be taken into account.

Basically this "first offer" is nothing more than a "test the waters" to see how desperate you are to divorce and get it over with.

WartimeDad · 2022-11-16T23:06:35+00:00

She’s about to call cops, and then get a restraining order against you.

anotheraccount741 · 2022-11-17T01:54:32+00:00

I guess I'm confused why she has to tell you it's "OK" to pick up the kids. You have every right to pick up your kids whenever you want. Until a custody arrangement is figured out they are your responsibility 100% of the time. The day I decided I was done with my ex, I took over 100% of the parenting decisions. Which was the same as always just didn't have to let her know my plans. Easier than having to deal with input from a shitty woman. Take your kids for a weekend over to grandma's or something.

mrcofffeeee · 2022-11-17T01:59:38+00:00

In my case wife got a CPO stating that my I am a threat to my child and herself. Then the sheriff's officer came and sent me out of the house. The CPO was dismissed but before it got dismissed ex filed for divorce. So the judge allowed her to live in the house since she was already living there with son. This might happen to you since my wife too tried to file a fake DV case against me first before doing all this.

Small_Quarter_3673 · 2022-11-16T16:22:03+00:00

My advice is to fight and do your part then once it's out of your hands then there is nothing you can do. These judges are rude and throw men under the bus I understand but fight

junkmailbox121 · 2022-11-16T16:53:19+00:00

What is her reasoning for needing to have exclusive use of the home? Is there some imminent danger for her if you stay there? I doubt there is. What is your attorney's plan to tackle this? Do you have the financial means to get a place on your own? If not, say you can't afford to move out and say you're going to stay in the marital home. If she keeps on pushing then ask for support to move out.

I think you're in TX so 1st/3rd/5th is by default what the non-primary custodial parent gets since there is no default 50-50 here in TX. Do you think your kids will be fine with your STBX? If not make your case on why you will be the better parent and try to get primary custody. She may just want primary custody to get child support payments from you. All she's doing here is trying to set precedence to get what she wants. Temporary orders aren't final orders so hang in there and fight for what is yours.

LongWalksAtSunrise · 2022-11-16T18:30:30+00:00

How is she able to schedule temp hearings? My jurisdiction has a backlog and I wish they’d schedule a hearing on my motions!

traderjoesbeforehoes · 2022-11-17T14:21:46+00:00

i took my kids to the beach on 4th of july when she was working. she apparently wanted to take them somewhere when she got done with work that afternoon. sent me all kinds of crazy messages, where are you, im going to the police you kidnapped "my" kids. i told her exactly what time we would be home. came home, showered, went right to the police station. showed them the messages. they triple confirmed, no she did not notify them and claim our children were kidnapped, and if she did they would have called me. i also learned from this talk she had been there numerous other times over the last few months, with nonsense. i have had to call 911 on HER, and have multiple police reports detailing her abuse.

the point is, i know her claims about the police are scary, but when you know she is lying and full of shit, have a little faith the police will see through it. eventually they will get tired of her shit and she will have NO credibility.

in fact when i got a TRO against her finally, she went right to the station and tried to get a counter TRO and was denied. the next day she went to the county pd, with the same nonsense and got approved, well, because they had no prior history with her.

Title	Temporary orders and divorce.
Author	Massive_Concern1843
Upvotes	8
Comments	44
Date	November 16, 2022 4:04 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/ywxhfx/temporary_orders_and_divorce/
Archive Link	https://theredarchive.com/r/Divorce_Men/temporary-orders-and-divorce.1140086 https://theredarchive.com/post/1140086

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