I have an Order of Protection from my spouse, and we both live in New York. I filed for divorce months ago, but my spouse refuses to set up a way to retrieve their personal belongings. I’m really looking for some legal options regarding how I can handle removing their things. Any advice?
You might want to look into a ‘civil standby.’ This is where a police officer or sheriff’s deputy can accompany you to collect belongings. Just check with your local jurisdiction for specifics.
I’ve heard of some situations where spouses pack their things and put them in storage, then inform the other spouse. Maybe that’s an option for you?
In New York, you generally can’t remove your spouse’s property during a divorce without consent. It could be seen as asset dissipation, which has legal consequences. It’s best to document everything and consult a lawyer about your options.
You should verify the local laws concerning abandoned property pickup. Also, you can inform the court that your spouse hasn’t arranged to retrieve their belongings, which might help your case.
Maybe call your spouse’s lawyer to let them know they need to collect their stuff, and do the same with your lawyer. It could prompt some action.