What can I do if I feel my attorney is not fighting to get me back in the home? 14 Answers as of December 06, 2012

I am an at home father. My wife filed for divorce. I was put out of the house. No abuse. I feel my attorney is not fighting to get me back in the home. I do not know what to do. I was awarded temporary alimony of $1500.00. I feel I should be in the home. I home school my children. I'm allowed to come to our home everyday to teach my children. Then I have to leave at night when my wife gets home and come back to the home each day to teach. I’m staying at a friend’s house but I want to be in our home and my wife to leave. I haven't worked in 13 years. I have been the primary caregiver to our children for all that time. I do all the house and yard work. plus cooking, home, and auto maintenance. What can I do?

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Woolley Wilson, LLP
Woolley Wilson, LLP | William R. Wilson
You will likely need to have all of that determined at Trial With no income, you will need to show you can afford the house payments in order to stay there.
Answer Applies to: Texas
Replied: 12/6/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
If there exists a custody order, who has the most overnights.
Answer Applies to: Michigan
Replied: 12/6/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Get a good attorney and fight for your rights and property.
Answer Applies to: Michigan
Replied: 12/6/2012
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Why were you removed from the house? Were there any allegations of domestic violence? If not, there should be no reason for your removal. A request could be made to permit you to live there since you are in a position of imposing upon a friend so that you have someplace to stay at night. Why wasn't this raised sooner?
Answer Applies to: New York
Replied: 12/6/2012
Lombardi Law LLC
If you feel that your attorney is not fighting for you I would suggest you have a frank talk with him or her. If you still are not getting results then your best bet may be to get another attorney who will fight harder for you to get interim possession of the home.
Answer Applies to: Alaska
Replied: 12/6/2012
    John Russo | John Russo
    What was the bases for you being removed in the first place by what you are representing here the court should have never ordered you out, you are leaving something out, or you have a real estate attorney handling your divorce.
    Answer Applies to: Rhode Island
    Replied: 12/6/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Contact a lawyer.
    Answer Applies to: New Jersey
    Replied: 12/5/2012
    Victor Varga | Victor Varga
    You need to terminate your current attorney before another attorney can speak with you.
    Answer Applies to: Maryland
    Replied: 12/5/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    It does not sound like you would have the ability to maintain the income post-dissolution, which might be why you are not in the home. If you want to understand your attorney's decisions, you need to directly ask your attorney and determine your reasonable options.
    Answer Applies to: California
    Replied: 12/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you are unhappy with your current counsel- seek a second opinion and/or change counsel.
    Answer Applies to: Minnesota
    Replied: 12/5/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Great question. You have the power and authority to fire your attorney, pick up your file and retain another attorney to proceed with your case. Good luck.
    Answer Applies to: Florida
    Replied: 12/5/2012
    The judge is probably trying to avoid conflicts by keeping you out. The house is a trial issue, so this could go on for a long time. It really is up to the judge but your attorney could file a motion and request a switch - not sure that it'd be successful though and it'd cost you more in fees.
    Answer Applies to: California
    Replied: 12/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    fire your attorney
    Answer Applies to: Washington
    Replied: 12/5/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    If you are not happy with your present attorney and feel that your interests are not being properly represented, hire a new one.
    Answer Applies to: Michigan
    Replied: 12/5/2012
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