If I withdraw my divorce petition, howwill thataffectmy spouse’s right toexclusive use of the home?

UPDATED: Jan 13, 2011

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If I withdraw my divorce petition, howwill thataffectmy spouse’s right toexclusive use of the home?

I filed for divorce in CT. He was granted exclusive use of home. Since my attorney left thefirm, I have been assigned a non-family law attorney who is learning divorce law. I have to find a new attorney but in the meantime I have no money left to stay in my apartment. If I stop divorce, how do I get back into our home.

Asked on January 13, 2011 under Family Law, Connecticut


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You raise an interesting question regarding this issue.  What you want to know is if you discontinue the action without prejudice and voluntarily will the orders that were issued in the proceeding thus far still be able to be upheld.  Very likely not.  But if you have any money at all left on that retainer with the firm -and even if you do not - I would call up and demand to speak with a partner and state that you believe that they are mishandling the file by assigning it to someone who knows nothing about divorce law and you want some answers NOW with regard to this issue.  Do not yell but be firm.  Express your dissatisfaction in a way that will make them sit up and take notice.  No attorney wants an angry client out there somewhere.  Good luck.

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