My Ex and I Reconciled While in the Process of a Divorce But Have Since Broken Up Again. Can He Force Me Out of the House?

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I recently reconciled with my husband. We were in the process of a divorce. There was a Temporary Consent signed in Cherokee County, GA. Unfortunately it is not working out. The divorce was not dismissed. His attorney has filed a contempt of the Temporary Consent to remove me from the home. I broke my lease to move back in with him. We have a child and I had primary temporary custody. Can the judge rule to remove me from the home? My attorney filed an Emergency Hearing which is in a few weeks, I recently had surgery and now I do not have the funds to just rent an apartment. What can I do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

In this case, the court will be familiar with your circumstances and will be able to balance your interests and needs with the existing situation. It is possible that you can be removed from the home, however, the outcome will depend heavily on the facts and the situation. You may want to contact a family law attorney to guide you through the process and to ensure that there were no procedural errors during the court proceedings you described.

And, the lesson here is, if there are orders in place and an action you are about to take would violate them – no matter how much you and the ex may agree – get the orders vacated instead of violating them.


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My Ex and I Reconciled While in the Process of a Divorce But Have Since Broken Up Again.  Can He Force Me Out of the House?
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My Ex and I Reconciled While in the Process of a Divorce But Have Since Broken Up Again. Can He Force Me Out of the House?
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My husband and I filed for divorce, we had orders, then we reconciled. Now he wants to enforce the orders and remove me from the house. Can he?

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Author: House Attorney

A house attorney has answered this question.