Divorce Decree/Civil matter?

[tuffbrk]

What is the name of your state? NJ

Hi - had posted in the arrest and procedures forum but this one gets more traffic so I thought I'd see if anyone here could advise...

Divorced 1-4. Decree states that the ex is to vacate the home on or before 1-31. Advised last night that an apartment has still not been secured and if there's no place to go - oh well. Called the police station this morning to inquire if the ex doesn't vacate, and I go to the police station on 2/1 with the divorce decree in hand, will they escort ex off the premises.

Was advised that no, they will not as this is a civil matter, not a criminal matter, and that I'd need to go back to court.

My questions:
In lieu of going back to court, if I wait for ex to leave the house, to go shopping for instance, and then I change the locks and refuse to allow re-entry, would the ex have any recourse against me?

Otherwise, presumably I will need to figure out how to file contempt or an eviction I'd think, take time off to file it and have to then wait for a court date?

Thanks in advance.

 

[Bali Hai]

What is the name of your state? NJ

Hi - had posted in the arrest and procedures forum but this one gets more traffic so I thought I'd see if anyone here could advise...

Divorced 1-4. Decree states that the ex is to vacate the home on or before 1-31. Advised last night that an apartment has still not been secured and if there's no place to go - oh well. Called the police station this morning to inquire if the ex doesn't vacate, and I go to the police station on 2/1 with the divorce decree in hand, will they escort ex off the premises.

Was advised that no, they will not as this is a civil matter, not a criminal matter, and that I'd need to go back to court.

My questions:
In lieu of going back to court, if I wait for ex to leave the house, to go shopping for instance, and then I change the locks and refuse to allow re-entry, would the ex have any recourse against me?

One wouldn't think he would have any recourse. You are following the court order and he is not.

Otherwise, presumably I will need to figure out how to file contempt or an eviction I'd think, take time off to file it and have to then wait for a court date?

Thanks in advance.

The police would fall all over themselves to enforce the order if the judge told them to carry it out. Trust me.

 

[TinkerBelleLuvr]

Tuffbrk, you may have to get an eviction notice for the sheriff on this one. What makes you think he'll follow this court order?

 

[LdiJ]

What is the name of your state? NJ

Hi - had posted in the arrest and procedures forum but this one gets more traffic so I thought I'd see if anyone here could advise...

Divorced 1-4. Decree states that the ex is to vacate the home on or before 1-31. Advised last night that an apartment has still not been secured and if there's no place to go - oh well. Called the police station this morning to inquire if the ex doesn't vacate, and I go to the police station on 2/1 with the divorce decree in hand, will they escort ex off the premises.

Was advised that no, they will not as this is a civil matter, not a criminal matter, and that I'd need to go back to court.

My questions:
In lieu of going back to court, if I wait for ex to leave the house, to go shopping for instance, and then I change the locks and refuse to allow re-entry, would the ex have any recourse against me?

Otherwise, presumably I will need to figure out how to file contempt or an eviction I'd think, take time off to file it and have to then wait for a court date?

Thanks in advance.

Since the ex has a court order to vacate on 1/31, I think that you would be safe to lock him out. That court order basically evicts him. I don't think that he would have any recourse.

Just make sure that you also remove his remaining belongings....putting them in storage or in the garage where he can access them without entering the house.

 

[tuffbrk]

Having a tough day - again! Hence my chosen name.

Bali - but didn't the judge already tell them to carry it out based on the divorce decree?

GinnyJ - Our friend JBJ also thought I'd probably have to go the eviction route. It doesn't appear to be expensive to go that route. But again, I'm puzzled. Why would I need to do this when a judge signed an agreement that indicates he needs to vacate? I didn't really expect him to follow the order, but had thought all I'd need to do was show the police my decree and they'd escort him off the property as an unwelcome visitor/guest or trespassing or something. I'm starting to think Family court is Kangaroo court and the laws just force us all to have to go back again, and again, and again like a revolving door.

LdiJ - Typically, I'm so easily intimidated I wouldn't consider this venue but I've had it and do believe that this is the least inconvenient way for me to deal with the situation. I'm just concerned that I'll somehow get into trouble! My agreement does state that he needs to have all possessions out by 1/31 but I've certainly no aversion to packingup the remainder for him and leaving it in the backyard. I can always cover the boxes with plastic for him.

I'm also going to start packing up everything but the basics to prepare for sale, start throwing things out. I'm sure he's going to try to continue to get free rent for as long as possible...

 

[Bali Hai]

Having a tough day - again! Hence my chosen name.

Bali - but didn't the judge already tell them to carry it out based on the divorce decree?

Yes but it seems they need a personal message from the judge before they will do anything, and even then they don't like doing that stuff.

GinnyJ - Our friend JBJ also thought I'd probably have to go the eviction route. It doesn't appear to be expensive to go that route. But again, I'm puzzled. Why would I need to do this when a judge signed an agreement that indicates he needs to vacate? I didn't really expect him to follow the order, but had thought all I'd need to do was show the police my decree and they'd escort him off the property as an unwelcome visitor/guest or trespassing or something. I'm starting to think Family court is Kangaroo court and the laws just force us all to have to go back again, and again, and again like a revolving door.

LdiJ - Typically, I'm so easily intimidated I wouldn't consider this venue but I've had it and do believe that this is the least inconvenient way for me to deal with the situation. I'm just concerned that I'll somehow get into trouble! My agreement does state that he needs to have all possessions out by 1/31 but I've certainly no aversion to packingup the remainder for him and leaving it in the backyard. I can always cover the boxes with plastic for him.

I'm also going to start packing up everything but the basics to prepare for sale, start throwing things out. I'm sure he's going to try to continue to get free rent for as long as possible...

What kind of stuff??

 

[tuffbrk]

Oh - there's lots of stuff! I call my house Sanford and Son's. Nothing ever seems to get thrown out and he likes to bring junk home. There are all different kinds of electrical cable, tools and industrial sized tools, old filing cabinets, catering equipment that I think I'll see if I can sell on EBay (1/2 awarded to me), there's an old TV, old fax machines (thermal paper), old telephones and answering machines. Junk, junk everywhere.

When you say the judge has to tell them - is that a contempt of court type of thing?

 

[TinkerBelleLuvr]

An eviction notice from a judge/magistrate would probably be quicker than filing contempt of court thru family court.

 

[tuffbrk]

Thanks GinnyJ.

I received a link earlier today and it looks as if it's not that hard to do in NJ. It does say that you need to provide documentation regarding written notice so presumably the divorce decree would serve as the documentation. Then you have to pay to have the Sheriff serve the notice....

 

[TinkerBelleLuvr]

So, you gonna be a lawyer in your next career? Your covering every arena at the rate yer going

My mom, who was a landlord, had to do a few of them. He received his written notice from the judge. You then file in court to have the sheriff evict.

 

[tuffbrk]

Hmm...so I don't need to have him served as the decree was the notice? Interesting. I think I like that. It doesn't say anything about turnaround time so I'm hoping it'll be fairly quick. We've dealt with enough.

I have a 700 lb used slate pool table on my porch. If you can figure out how to get it off the porch and taken to your house I'll give it to you for services rendered!

 

[TinkerBelleLuvr]

I appreciate the offer, but I too am trying to get rid of stuff. Things have sentimental value - stuff, well, it's just gets in the way of having fun.