Legal Question in Family Law in Virginia

Ex Parte

I've owned my home for 19 years. I've been married for almost 2 years my wife just served me with an ex parte I'm not allowed into my house. Her name is not on the deed. How is this possible? She says she's going to get my house to do "occupancy rule" in a divorce? What is the meaning and how? She's trying to use domestic abuse this is untrue. I'm the abused one A few times I retaleated in self defense but I did not intiate the abuse. What financial responsiblity underlies with me during this ex parte? No proceedings have been filed yet as to a seperation or divorce. Help.


Asked on 8/24/99, 3:07 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Ex Parte

You need to have an attorney look over what has been served on you. It is possible for a spouse to get an order of exclusive occupancy of the marital residence, even though she is not an owner, upon affidavit that she has a reasonable apprehension of bodily harm. The ore tenus hearing will result in a temporary order which can be challenged at a full hearing.

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Answered on 8/26/99, 11:26 am


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