Tones
recently joined
Reged: 10/24/11
Posts: 14
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My spouse was removed from the home due to committing Domestic Violence a few weeks back. I retained a protection order which removed her from the marital home due to the DV. I agreed to drop in order at the FPO hearing to provide the children with 50% of their time with each parent as well as me retaining possession of the marital home. Next week I have my initial hearing for our divorce and the agreement will end. What is the possibility after being charged with DV, having a protection order on her as well as an established routine for the kids via court agreement, that my spouse can still end up with sole possession of the marital home?
Edited by Tones (01/27/12 01:00 PM)
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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None of those issues impact the court's decision regarding awards of marital property.
The parents share custody equally it would seem. As a result, which ever parent is awarded the home would not affect the children's living situation dramatically. It may boil down to finances. How much marital equity is there in the home? Who can afford the mortgage? How is the other parent paid out on their half of accrued equity?
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Tones
recently joined
Reged: 10/24/11
Posts: 14
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My spouse makes 25k a year however with the DV charge her job may be in jeopardy. The mortgage is 1175 a month. only 3k in equity. She was stay at home mother for 10 out of a 12 year marriage. I make about 100k a year. Tons of credit cards and loans. She is currently residing with family.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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There would be arguments to be made both ways. However, it would appear you are in a decent position. It may depend on how other issues pan out - spousal support, child support, debt division.
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Tones
recently joined
Reged: 10/24/11
Posts: 14
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So what arguement should I be prepared for by her side? There was an affair that also happened with the next door neighbor so I know she will not be interested in keeping the house except out of spite...plus she has this friend across the street trying to get me out of the neighborhood since she was mutual friends with them. However I also know my wife wants to move across stated lines about 30 minutes away pretty badly.
Edited by Tones (01/27/12 01:50 PM)
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KDogg
journeyman
Reged: 01/02/05
Posts: 96
Loc: West Virginia
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I would prepare for the worst - with everything that's happened she's gonna want some sort of revenge. Here's what I would do.
Custody: Since the kids have been with you and have an established routine, go for primary custody with her having a fair amount of visitation. Go for as close to 50/50 as you can without overly disrupting their routine.
House: If custody is established in your favor, you have a better chance of keeping the house. However, you might expect to pay her something for her portion, so if need be offer her a percentage of the equity. If she still tries to push for possession or sale of the home, request possession until the sale is made and either that she be responsible for half the payments made until the sale or that you get half the profits plus whatever you've made in payments since the initial split.
Loans/Credit Cards: If possible, separate yours from hers (re: your car, her car etc.) Ask that you each be responsible for your own in those areas. Then, divide the rest by half. Make sure it is noted the exact amount you each owe, and get an account set up specifically for those payments. You might also try to get some language in the order that, once your half is paid, you are free and clear of any responsibility for the remaining debt. I'd also try for something that would order your name removed from the accounts and that anything reported to the credit reporting agencies show that the account is paid in full on yours.
Another idea regarding the debts, especially if you can't really separate them into what belongs to who, would be that you each take on an equal number. Divide them up to the best of your abilities so that the total paid by each of you is roughly the same, or close to your respective percentage if it's found that you should be responsible for more due to your higher income. If you do this, make sure it's specified in the final order which ones you each are responsible for, if even only to prevent an argument about it later on.
As for the affairs and neighbors, they're not an issue and won't have a bearing on what you end up with. If she brings it up, call it even - you cheated, she beat you up (or whatever the DV was). And as for that pesky neighbor trying to force you out of the neighborhood, if they do anything else inform them - politely and in writing - that any further action may result in civil and/or criminal penalties for harassment, defamation, and whatever else they're doing.
Hope this gives you some ideas...
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KDogg
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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You might also try to get some language in the order that, once your half is paid, you are free and clear of any responsibility for the remaining debt.
---> Good advice, except that a creditor is not a party to the divorce and thus has every legal right to collect from both parties.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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