Macdona, TX Divorce Law Firms & Lawyers

It doesn't matter what you agree to. It matters what the court order says. If he is behind in child support, then you don't have to sign the waiver because the IRS rules are clear - a parent has to be current at the end of the year to be able to take the exemption.

You do not have to move out of the house.  If there is a hearing set for Thursday and you are served on Monday, then you should appear at the hearing and request a continuance in order to find an attorney.  If your wife has requested exclusive use of the house, that issue will be decided at a hearing for temporary orders.  I would encourage you to consult an attorney and file a counter petition in which you also request exclusive use of the residence and custody of the children if that is your desire.  If you do not feel safe in the house, then stay elsewhere temporarily. If you feel your children are not safe then take them out of the house temporarily as well. When you are served, please review the Temporary Restraining Order carefully. It will not order you to leave the house because that cannot be done without a hearing unless your wife was able to convince the court that you commmited family violence.  You are allowed to communicate with your wife but not in a harrassing manner.  You are allowed to have your children in your possession.  There are many things that are standard and stated in the restraining order that you will not be able to do.  Be aware of them and follow the rules. If at the hearing the court decides that your wife should have the exclusive temporary use of the house, you will be given time to find a place to live and move out.  

No. The waiting period for getting remarried runs from the day your Alabama divorce is FINAL, i.e. the day the judge signs the final divorce decree, not the day you file for divorce.