She wants a vehicle that was paid off with money from my retirement fund that I cashed out to buy our house (to get a mortgage we were told to pay off the car that I had bought 2 months earlier) the car is in my name only and is 13 years old she has been the primary driver she took over 5000 from my business and left me broke i need to sell the car to get by. I also need more time to figure out what to do and get legal advice. what should I do
It doesn't appear that an ex-parte is warranted as no real "emergency" has been stated that would demand relief now in the face of imminent irreparable harm. Respond to the ex-parte. Ask the court to set it for a regular hearing. Stop "trying to figure it out" and get an attorney now.
John Edwin HindenDivorce / Separation LawyerSanta Maria, CA ·
You need to respond/appear to that Ex Parte request. The court can deny it and set the matter for a hearing if it feels this is not a true emergency, and that will give you more time. I don't know from your facts if your ex is represented by legal counsel.......but regardless, ex parte's are probably one of the most "abused" processes in a family law proceeding. It typically is more about gaining an advantage, or putting your opponent at a disadvantage, then any real emergency. Judge's as a general rule disfavor them, but that does not mean they can be ignored. If a Judge feels the ex parte was not truly necessary, sanctions can be awarded. Legal counsel can help you and should be consulted now.
Without reviewing the documents served upon you, it is difficult to determine whether a true emergency exists as warranted under an application for ex parte orders. Based on the limited facts described above, I agree with my colleagues that it does not appear an emergency exists.
You should definitely respond and seek legal counsel as soon as reasonably possible. If you were served on Friday, you have until Monday to respond. Additionally, the blank portions of the forms you were served with will be completed by the court once the Judge has review the application.
At a minimum, you should try to obtain an initial consultation with an experienced family law attorney understand your rights and obligations in these proceedings. Best of luck.
