Legal Question in Family Law in Pennsylvania
I live in Berks County, PA. My divorce was just finalized. Under marital distribution, there is a clause saying my ex husband must pick up his personal items within 30 days. He is not a good communicator, therefore we are having trouble setting up a date for him to pick up his things. how do I ask a judge to pick a date? The 30 days are past and I just want to get this finalized. Any advice would be appreciated.
2 Answers from Attorneys
Where's your attorney. He should being filing s motion to compel. In addition he should be asking for fees.
{John}
Hi, and thank you for your question. Since your former spouse is not complying with the Court's Order, your Attorney should write a letter to his Attorney, pointing out the requirements imposed by the Court Order. If he is not represented, then your Attorney should address the letter to your spouse and it should be along the following lines -
"As you know, on __________ , 2015, the Court Ordered you to pick up your personal belongings within 30 days. To date, you have made no arrangements to comply with the Court Order. Accordingly, if you do not remove all your personal belongings within 14 days of the date of this letter, you will leave my client no alternative, but to dispose of the belongings by either donating them to the Salvation Army, or placing them in the trash. If this becomes necessary, your former spouse will have no liability to you for any of the aforesaid belongings. " Very truly yours,
I do not recommend that you write the letter because your former spouse might either (a) Not take your demand seriously; or (b) Cause your former spouse to become belligerent and attempt to take some type of retaliatory action against you.
Kindest Regards,
ANDREA G. TILLIS