Due to divorce and court judgement I am required to stay in the residence. I can no longer stay due to insufficent funds. I also can no longer maintain the property due a disability. Is there some kind of hardship I can file with the court. I dont want be held in contempt and go to jail.
2 Answers from Attorneys
You should seek counsel with an attorney to discuss this matter. I have never seen a judgment which requires that you stay in the marital home, only one that gives you the right to stay in the marital home. You need to review the stipulation and judgment with an attorney as soon as possible. Also, you can get a court to modify for financial and hardship reasons.
You may file a petition to modify the order due to a change of circumstances.
If bake to I would suggest hiring an attorney to assist you with this process, as you stated the worse thing that could happen would be a criminal charge for violating a court order.
Our office regularly handles such cases, if yiy seek to retain an attorney contact us at 212-405-2234