Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: 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?
Answer: 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.
