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cgmtmp · Sep 18, 2011, 06:01 AM

My husband and I were going through a divorce in Cherokee County GA. We signed a temporary consent agreement on May 12, 2011. July 2 we reconciled and he asked me to move back in. I broke my lease and my 8 yr son and I moved back in with him. He agreed to stop the Internet explicit chatting. Well he didn't. I had surgery and still I am still recovering. The surgeon will not release me to go back to work in downtown ATL for another two weeks. The divorce was not dismissed. Last week his attorney filed that I was in contempt of the temporary agreement and my husband wants me to be removed from the house. What is the probablity that I will be found in contempt. He asked me to move back in. He stopped paying child support and did not follow the consent once I moved back in. My attorney filed for an Emergency Hearing on 10/5. Can the judge rule before the Emergency Hearing on the contempt charge?

ScottGem · Sep 18, 2011, 06:56 AM

For him to charge you with Contempt of the agreement he has to show what part of the agreement you did not adhere to. You mention things that he hasn't adhered to, but nothing on your part.

But if he can't prove you violated any part of the agreement, then the Contempt order shouldn't be granted.

As for the Emergency hearing, if the judge is aware of the emergency hearing, then he may defer a ruling. But it is up to the judge to decide.

cgmtmp · Sep 18, 2011, 07:15 AM

I have gone over the agreement with a fine tooth comb. The only thing my attorney is stating, is that by me moving back into his house, this violates the child vistation. We lived in separate residences prior to me filing for divorce. I ceded the house prior to the divorce being filed. I made a sincere attempt to reconcile by breaking a lease that I still had two months to fullfil. I am devastated. My attorney is stating that is it going to be a ping pong ball effect... they filled so we can file.

ScottGem · Sep 18, 2011, 07:17 AM

Doesn't make sense to me. Since you moved back in visitation should no longer be an issue. And was visitation mentioned in the temporary agreement?

It certainly sounds like legal maneuvering and you just have to play it out.

Fr_Chuck · Sep 18, 2011, 10:22 AM

This is his moves in court, I am sorry you did not see it coming. But yes he has the right to file it, I doubt any judge will even listen to it when it gets to court, but you get all of your proof, copies of letters or emails asking you to move back in. and anything he sent you, that proves your case to defend this

twinkiedooter · Sep 18, 2011, 03:49 PM

You need to leave this in the hands of your attorney to handle. This should not be heard before the other motion but MAY be heard at the same time. Judge's time is limited and each hearing they hold costs time and money for everyone involved. You should have been given a copy of the Motion for Contempt so your attorney could review it with you. Did you get a copy of this? Just looking at the Temporary Agreement is not enough. The Motion for Contempt is not a big secret and any good attorney would have mailed you a copy of this.