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#174169 - 12/16/06 10:15 PM need help
cpvb Offline
recently joined

Registered: 12/16/06
Posts: 1
Have a problem. Going through a rather rough divorce. Husband filed back in July. Had pendente lite hearing in August. Since then, he has failed to pay what was court ordered. I had my son a month ago. In September, my husband stayed at the house to help me out since I was having a rough pregnancy. After the baby was born, he stayed for a few days to help through the night. We have a show cause hearing on the financial issues on Wednesday. My attorney has placed a withdrawl since I can't pay her, and he has gotten a new attorney because he was not cooperating with his. Today, Saturday, can't call an attorney, got a letter from his new attorney saying that he is dismissing the divorce since we co-habitated, therefore he wants to dismiss the show cause hearing on Wedneday, since there is no divorce!!! He is currently 10k behind on what he owes, and I know is using this to get out of trouble. How can he prove we co-habitated?

#174170 - 12/18/06 03:55 AM Re: need help [Re: cpvb]
mommy2boys Offline

Registered: 06/02/05
Posts: 497
Loc: Louisiana
IF he stayed the night then you cohabitated, and he could say that you two reconciled, then separated again. Unless you lie in court then you have to face the consequences of your actions. You allowed him to stay the night rather than another family member or friend. Who is to say he doesn't have pics of you sleeping with time and date stamp on them? If he does then you would have to prove beyond a reasonable doubt that he didn't spend the night on those days.

He would still owe you for anything that was court ordered prior to him staying the night.

#174171 - 12/19/06 12:31 AM Re: need help [Re: mommy2boys]
Renee Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 4022
Loc: The Palmetto State
You don't say what state you're in but in SC your divorce would most likely be thrown out. It would be your word against his that you hadn't reconciled during that time period. Any overnites between spouses after the divorce was filed could be interpreted as a reconciliation by the judge. Your word against the stbx.

An attorney would be able to advise you better on how to deal with this, but whatever you do, no more overnites for him. Find a family member to help you if it requires an overnite, and send him home.


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