# Temporary orders timeframe question.



## May72 (8 mo ago)

We have a temporary orders hearing scheduled. I asked to temporarily stay in home (with my 2 over age 18 kids (both in college). So we take up 3 of our 4 bedrooms.

My spouse counter petitioned and he also
Is asking for temporary “custody” of the home.

We want to be prepared in case we are
The ones that have to move out because it’s a lot to move 3 people! How long do we have to pack our belongings and find somewhere to go? My daughter is very anxious about having to throw her clothes and books in a bag and leave immediately.


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## DownByTheRiver (Jul 2, 2020)

May72 said:


> We have a temporary orders hearing scheduled. I asked to temporarily stay in home (with my 2 over age 18 kids (both in college). So we take up 3 of our 4 bedrooms.
> 
> My spouse counter petitioned and he also
> Is asking for temporary “custody” of the home.
> ...


That will just depend on the judge. What does the attorney say?


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## May72 (8 mo ago)

DownByTheRiver said:


> That will just depend on the judge. What does the attorney say?


I haven’t asked yet because attorneys bill for everything so I try to wait till I have many questions or things to discuss! Our hearing is in a month but just didn’t know if we should start packing clothes/closet (we are women so we have lots of clothes, shoes, purses, toiletries).


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## Diana7 (Apr 19, 2016)

Is it likely that a judge would make a decision where three people have to leave their home so that just one person moves in? 
Either way it may be an opportunity for a clear out just in case.


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## Openminded (Feb 21, 2013)

I can’t imagine you wouldn’t be given a reasonable amount of time (up to the judge to determine reasonable) — maybe, at a guess, a couple of weeks at minimum. I would pack up things not routinely used.


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## DownByTheRiver (Jul 2, 2020)

May72 said:


> I haven’t asked yet because attorneys bill for everything so I try to wait till I have many questions or things to discuss! Our hearing is in a month but just didn’t know if we should start packing clothes/closet (we are women so we have lots of clothes, shoes, purses, toiletries).


Is your name on the home? Was it bought after you were married or did he buy it before or did you buy it before? I don't think they would make you move out that day. It also asked your attorney if it's possible they will simply tell you you need to sell the house so you can divide the money for it.


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## May72 (8 mo ago)

DownByTheRiver said:


> Is your name on the home? Was it bought after you were married or did he buy it before or did you buy it before? I don't think they would make you move out that day. It also asked your attorney if it's possible they will simply tell you you need to sell the house so you can divide the money for it.


Both of our names are on the home and it was purchased after we got married. I am ok with us selling the house and splitting the equity and all
Moving after the final divorce. This is just temporary orders for one spouse to move out during the process. But I don’t want them to tell 3 people that they have 2 days to pack and move out their stuff! Hopefully a reasonable amount of time is given.


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## Diana7 (Apr 19, 2016)

May72 said:


> Both of our names are on the home and it was purchased after we got married. I am ok with us selling the house and splitting the equity and all
> Moving after the final divorce. This is just temporary orders for one spouse to move out during the process. But I don’t want them to tell 3 people that they have 2 days to pack and move out their stuff! Hopefully a reasonable amount of time is given.


I would have thought that one person moving out would be the decision made. Are you still living together now?


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## May72 (8 mo ago)

Diana7 said:


> I would have thought that one person moving out would be the decision made. Are you still living together now?


Yes. No one has moved out. He refuses to move and I do as well because I have to move three people. The temporary order hearing is for the judge to decide who has to temporarily move out during the divorce process


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## Diana7 (Apr 19, 2016)

May72 said:


> Yes. No one has moved out. He refuses to move and I do as well because I have to move three people. The temporary order hearing is for the judge to decide who has to temporarily move out during the divorce process


I can't think why it would be you and the children.


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## Kaliber (Apr 10, 2020)

Diana7 said:


> I can't think why it would be you and the children.


Well, the judge might choose otherwise, after all the kids are 18, so they are not considered children!


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## DownByTheRiver (Jul 2, 2020)

May72 said:


> Both of our names are on the home and it was purchased after we got married. I am ok with us selling the house and splitting the equity and all
> Moving after the final divorce. This is just temporary orders for one spouse to move out during the process. But I don’t want them to tell 3 people that they have 2 days to pack and move out their stuff! Hopefully a reasonable amount of time is given.


I don't think they'll do anything that quickly.


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## Diana7 (Apr 19, 2016)

Kaliber said:


> Well, the judge might choose otherwise, after all the kids are 18, so they are not considered children!


So should the husband move our or the wife and both of the just adult children who are at college. It's not a hard decision surely.


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## Openminded (Feb 21, 2013)

The judge will give whoever has to move a reasonable amount of time (and the judge decides what’s reasonable but I’ve never heard of less than a couple of weeks).


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## Livvie (Jan 20, 2014)

Who decided the adult children will be living with you and not their father?


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## Diana7 (Apr 19, 2016)

Surely it would be a while due to the fact that it can take weeks to find somewhere to rent.
If you are living together now, why not just sell the house and when it's sold you all move?


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## Divinely Favored (Apr 1, 2014)

Why would the kids move? Are they yours and not his?


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## May72 (8 mo ago)

Livvie said:


> Who decided the adult children will be living with you and not their father?


The kids have always been with me from a previous marriage.


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## May72 (8 mo ago)

Divinely Favored said:


> Why would the kids move? Are they yours and not his?


The kids are mine from a previous marriage and the current spouse is not nice to them so obviously if I have to move then so do they. They both recently put locks on their doors because they are afraid of him.


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## Divinely Favored (Apr 1, 2014)

I would think it between you and him. I do not believe 2 other adults that are not his children would factor into which one has rights to the marital residence.


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## Diana7 (Apr 19, 2016)

Divinely Favored said:


> I would think it between you and him. I do not believe 2 other adults that are not his children would factor into which one has rights to the marital residence.


They both have rights but most judges would put a mum with 2 children at college before a single man I would have thought.


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