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Wife wanted a divorce and left our home, asking for furniture and other items now
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Wife asked for a divorce last week but hasn't filed any papers, we had a verbal argument last weekend, she called 911 and made a false complaint of domestic violence. She claims she has later asked the police not to take any action on me, and only called them for her own safety. The police asked some questions which I declined to answer without an attorney. They were leaving, but I insisted to have some info on the complaint, so one of the cops gave me a case number for domestic violence case, but said likely nothing will be done about the case since she doesn't want any action. I will receive a letter if I need to do anything. She says the police asked her not to enter the house with me present but I don't have any evidence of whatever she talked about with the police.

She started living with a friend, applied for new apartment, and asked for some items and documents from the house that I already complied, I went away from the house and let her & friends in for 30 mins to take personal items and documents. Now she is again asking for an entire day to move some furniture out. I do not want to let her friends in to take furniture. Both of us own the house (with a remaining mortgage in both of our names). Can I / should I deny this request? She is threatening to lawyer up and make it difficult if I don't cooperate. She has keys of the house, what if she shows up and enters? What is within my right to do in that case?

Given that she said she hasn't filed for divorce yet, I went ahead and filed divorce case myself yesterday, and I asked a friend to serve her the papers, which will likely be done today evening. I haven't hired an attorney yet, the family law attorneys I contacted are charging $350-400/hour in my area and wants to keep a retainer (6000$ deposit). I found the divorce case forms FL-100 and FL-110 filed them to the courthouse with a 435$ fee without hiring an attorney. I live in California.

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1 year ago