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Legally what can my friend do to get his stuff from his soon to be ex?
He still has most of his stuff at his stbx house and she will not let him set a time and get it.. She is being a BI&%H. Its been a long time almost a year. The lawyers told my friend that it is his fault which I believe 50% of it is. He could have already went over there called the police in advance or something. But it is easier said than done. Also his wife threaten him that she would have her son to pull a shot gun on him if he came over. So all this said how is he suppose to get his stuff. He has tried to go the right way and write everything down that is his that he wants and all the lawyers do is just give her the list and she says no to most of it. Which she doesn't work so he bought most of it anyway. So other than getting a court date with a judge which could take 2 years or more to get a date what can he do???? Is there anything that he can do to get his stuff soon?
1. Why are so you quick to assume his wife is the problem?
#2 Does he really need this "stuff"? What's there? He hasn't needed it for a year...
#3 He can call the local law enforcement agency, who will contact her to set up a time for him to go pick up his personal things. The police will accompany him to the house while he collects his stuff.
#4 The actual divorce settlement hearing will usually deal with division of personal property and effects. See your county website under the courts, family law subheading. You should find a wealth of information there. Additionally you can go to findlaw.com and search for subject related articles and case law.
#5 You mention that you are a "friend" but your tone seems very emotional. If you are a "new girlfriend" I strongly urge you to tread slowly and carefully. Especially given the lawyer's assessment.
Men who demonize an ex are often not what they seem. If he's trashing her, he'll probably do the same to future girlfriends as well. I'm sure his wife might have some truly insightful information about the nature of their relationship. If she doesn't want your "friend" near her home, there must be a pretty good reason and whatever it is, your friend's not giving you the whole story.
Additionally, If your friend already has an attorney, you need to just relax. If the ex refuses to cooperate then the legal process is the remedy. Be aware, in court, no one comes away without losing.
If the couple could agree to meet with a mediator they would save A LOT of time, money and personal agony. Check your local listngs for mediation services. They are usually low cost/no cost and are amuch healthier way to end nd resolve difference and divisions and disputes when a couple is ending a relationship.
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