Legal Question in Family Law in California

I have filed an Exparte and it was denied. My husband withdrew over $70,000 from our Fidelity investment account since we started the divorce case without informing me, went on luxury travel trips with a woman he just met in less than a week and spent thousands of dollars on designer gifts and expensive sport game tickets that worth thousands. He changed the password to our joined account and to my email of 13 years. He didn't pay me spousel and child support fully and in time and that resulted in me being homeless and my checking account in the minus. Why was it denied? I attached proofs.


Asked on 5/28/15, 8:11 pm

2 Answers from Attorneys

It is impossible even to guess why a motion was denied, although I can tell you that ex parte motions are only granted if there is an emergency. If everything you have a right to complain about is in the past and you were not asking for relief that needed to be granted ex parte rather than on a noticed motion that would be grounds for denying it even if it would have been granted on a noticed motion. It is also possible you failed to follow the rules of evidence, or you requested an order that was not appropriate instead of the relief the law allows. Or it could have been any of hundreds of other reasons.

The lesson to be learned hear is you are not knowledgeable enough to do this on your own. You need to hire a lawyer.

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Answered on 5/28/15, 10:01 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Motions are really a tricky part of the law. Even new lawyers sometimes mess them up and learn from their mistakes. That is the whole reason for lawyers. My advice to you is to seek a reputable, experience attorney. Sorry, there are just to many variables as to why it was denied. There are "massive" books on the subject for attorneys and the rules change sometimes depending on the situation.

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Answered on 5/29/15, 10:30 pm


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