saar1234
recently joined
Reged: 11/13/08
Posts: 11
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My wife is cheating on me and has started divorce proceedings. We have a hearing at the end of the month. She is trying to get me out of the house. Can she do this? She's the one cheating.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Can she do this?
>>>>>>>>> Yes , it's called a request for exclusive use of the marital home . It may or may not be granted . If she truly wants you out there are other less reputable means .
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Careful. We don't want to learn from this.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Unfortunately, infidelity is irrelevant to the issue of who is awarded temporary use and occupancy of the family homestead. The court makes such decisions based on who is better able to afford the homestead and/or who is better able to find substitute housing while the divorce is pending.
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NoRightsNoMore
journeyman
Reged: 01/08/09
Posts: 57
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If you have minor chld(ren). Start packing your bags, unless you can prove she's abusive to your children. She can be a bad mother, cheater, or just about anything else but, she cannot be a child abuser. Also, before I left that house, I would seek advise from an attorney, discreetly, who advocates for non custodial parents.
DO NOT assume that all attorney's advocate for the non custodial because, in my experience, non custodials represent nothing more than a payday to many of these scumbags.
Contact several lawyers and ask all the tough questions you can think of that are designed to protect you. Make sure that you address issues regarding you having the right to obtain school, medical, dental, and juvenile records of your kids too. That may not seem important right now but, believe me, if those rights are not spelled out in a divorce decree, you don’t have them and it will cost you hundreds or even thousands of dollars to get modifications to the final divorce decree.
Also, I would not pay for an initial consultation with an attorney unless he/she were willing to pay me for allowing him/her the potential to work for me. Be very stern with lawyers because, you are about to get so jerked around that you’ll be wondering what country you live in.
Best wishes to you,
NRNM
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Do not pack your bags. Courts determine who will have occupancy of the home pending a divorce on many issues. Moreover, if there is little to indicate domestic violence is possible, in some states co-occupancy is not only possible, but likely.
You should consult with an experienced attorney. However, some attorneys do charge initial consultation fees because they are very busy due, in many instannces, to the fact that they are very good at what they do. Check into their reputation hbut do not be disuaded by an initial consultation fee.
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nojusticenomercy
recently joined
Reged: 02/16/09
Posts: 4
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Don't leave the house. A court order would make you leave the house. Since there isn't one. Stay as long as you can possibly take it without causing any verbal or physical abuse. But be prepared and start looking for places to secure you and your kids if that were to happen. Oh, and don't start paying for things that she will later claim that you were doing. In other words, I had a friend that gave his soon to be ex 1200 a month before the court precedings began and his ex stated "that" amount in court that he was able to afford to give it to her and it stuck in court. And they only had one kid. Good luck! Hang in there...your in for a roller-coaster ride.
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Elvisminaya22
recently joined
Reged: 04/26/09
Posts: 3
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I decided to leave due to the fact that my ex was being mentally insane in front of my kids, my kids were suffering and were living in hell and she was the one pushing it due to infidelity from her part. He hit me, stop cooking for me, would wake me up with insults in front of my kids. She knows i love my kids big time. Finally in the divorce settlement i decided to leave, in order protect the welfare of my kids. I did not have any choice. We have joint custody. In this case, the law protect women far more than men.
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