QUESTION: My kids, wife and I currently live in a rented apartment. If I can afford the apartment on my own (she cannot) and I have the landlord remove her name from the lease, can I insist that she leave the apartment when I serve her with divorce papers? This will unfortunately be a contentious divorce process. Also, the children would be living with me in the apartment that we currently inhabit - what are her visitation rights during the divorce process? I plan to fight for full custody. Also, she keeps threatening to move the kids to another state. Is she allowed to do so? How can I prevent this from happening?
MY RESPONSE:
You can't serve divorce papers in your own divorce case. They must be served by somebody else of the age of 18 or older.
Unless your wife has committed or threatened domestic violence against you, you can't force her to move out of your apartment, and you can't force her to be separated from the children.
If you want to prevent your wife from moving out of state with the children, file a divorce case and have it served on your wife. The reverse side of the Summons contains automatic temporary restraining orders restraining the parties from moving the children out of state. Once she is served, those restraining orders are binding on her. Before then, she has the power to move out of state with the children, so act with due haste.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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