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.