Question:
I need some marriage separation advice on how to protect my personal property during a divorce.
After I asked my wife for a separation, she served me with a restraining order prohibiting me from entering the marital home. Later at court, I was granted access to the home in order to collect my personal property but everything I owned was gone.
How can I be compensated for this loss of property due to the restraining order?
Answer:
In the state I practice in (North Carolina), the statutes provide for restraining orders that may grant possession of the marital residence.
Further, the statutes allow the court to enter an order that provides for the possession of the parties’ personal property, including, but not limited to, the family dog.
Nevertheless, a party can petition the court by filing a separate Complaint asking for a division of martial property, and, in part, for an equitable distribution of real and personal property.
You should consult with an attorney in your jurisdiction as the information I have provided is not legal advice on divorce. Cordell & Cordell represents men in divorce nationwide and would be happy to provide divorce advice for men.
To schedule an appointment with a Cordell & Cordell attorney, including Aisha Pridgen, an Associate Attorney in the Raleigh and Durham, North Carolina offices, please contact Cordell & Cordell.
