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Gecko
Carpal \'Tunnel
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Reged: 06/01/04
Posts: 20211
Loc: Third rock from the sun
Re: Getting ready to file...
      02/01/12 12:53 AM

I have never really been happy but have stuck around while the kids were young.

---> Hmmmmmm...you've never 'really been happy', but yet...you'll have four children.

Well, they are all old enough to understand now and I actually have 2 of them on my side.

---> Side...what 'side'? This isn't a 'game'...children should NOT have to pick which parent they 'love' more, because YOU have decided that you're not 'happy'. LEAVE THEM OUT OF IT!!!

I think everything will go pretty smoothe except I think he will try and fight me for the house.

---> So? Will you be able to pay him his share of the equity and refinance?

I think we have to live apart for 30 days but don't know how thats going to happen because I'm not leaving the house and the kids. How do I get him to leave so that everything can get going?

---> I can't think of any state that requires the parties to live separately before filing for divorce...with perhaps the exception which has some pretty screwed up laws.

---> One thing you should be aware of...if both parties want the marital home and neither is willing to budge, the Judge can order the home sold. The Judge could also order the home sold, even if your husband agreed to give it to you (for his share of the equity of course) if you are unable to afford it and/or refinance the mortgage.

---> PS - Don't EVEN think of filing a false domestic violence claim to gain possession. Judges are wise to that trick and it can land in you a LOT of hot water, so it's NOT worth the risk of lying. The ONLY thing you can do at this point, is in your petition, to ask for temporary exclusive use of the marital home at this time. But be prepared to assume ALL financial responsibility of said home.

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If you air your dirty linen in public, expect people to comment on the skid marks!

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Entire topic
Subject Posted by Posted on
* Getting ready to file... LRnascarfan 01/31/12 07:50 PM
. * * Re: Getting ready to file... Renny   02/02/12 08:16 AM
. * * Re: Getting ready to file... Gecko   02/02/12 08:47 AM
. * * Re: Getting ready to file... Maury   02/02/12 10:15 AM
. * * Re: Getting ready to file... LRnascarfan   02/02/12 11:54 AM
. * * Re: Getting ready to file... Gecko   02/02/12 05:30 PM
. * * Re: Getting ready to file... Renny   02/02/12 07:12 PM
. * * Re: Getting ready to file... LRnascarfan   02/03/12 09:53 AM
. * * Re: Getting ready to file... Gecko   02/01/12 12:53 AM
. * * Re: Getting ready to file... LRnascarfan   02/01/12 11:25 AM
. * * Re: Getting ready to file... Gecko   02/01/12 11:58 PM

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