Ask Me Help Desk - Transfer of assets during divorce

"I agree about "abandonment of the child" but not "abandonment of the spouse", since I left the marital home for couple weeks after he forced me to. He didn't leave until I came back, then he did all of that, leaving the house empty with no water/electric."

The Court is not going to agree with you about leaving the marital home unless, of course, he physically forced you out and you reported his behavior to the Police. Did you?

Quote:

Originally Posted by JudyKayTee

"I agree about "abandonment of the child" but not "abandonment of the spouse", since I left the marital home for couple weeks after he forced me to. He didn't leave until I came back, then he did all of that, leaving the house empty with no water/electric."

The Court is not going to agree with you about leaving the marital home unless, of course, he physically forced you out and you reported his behavior to the Police. Did you?

I called children and family dept and explained about mentally abusing me, the harassment in front of our daughter, the threats he made to forced to leave to my friends house. He didn't touch me because he knew what he was doing. I also called the police dept and they told me there was nothing they could do if there was no physical violence involved. The pressure was too much and the fights in front of our daughter was scalating and she would scream at us to stop with the fights. The first time I spoke to someone at legal aid, they said that there was no equity at the home and wouldn't make sense to fight for it. Only few weeks later I retained a lawyer to help me get custody until he served me with dissolution of marriage. I filed temporary child support disconnected with dissolution. He counter filed my petition denying support and at the same answer he sues me for dissolution and request majority of time with our daughter who doesn't want not even to see him!! When I retained my lawyer she said I could go back and rest you know. I have ear witness about everything. Thanks for the input

I hope the Court agrees with you that you were forced out. I'm just not sure that that will happen.

Sounds like questionable legal advice from day 1 - what a spot to put you in.

And good for you for protecting your child - whatever else happens, you know you acted on her behalf, to keep her safe and sane. Not every woman has the moxy to do that.

I suspect the police were not asked the right questions, but that's water under the bridge. Don't be intimidated by his throwing a mound of paper at you. The court will sort it all out.

Did you get to your attorney? What did she say about his actions?

Also don't worry about him getting custody of your daughter. At 9, he may get visitation and you have to make her available, but you do not have to physically force her to go. If he comes to pick her up she can refuse to go. Just make sure you don't encourage her not to go. Make sure she understands that you will be in legal trouble if you don't get her ready and encourage her to go.

Quote:

Originally Posted by ScottGem

I suspect the police were not asked the right questions, but that's water under the bridge. Don't be intimidated by his throwing a mound of paper at you. The court will sort it all out.

Did you get to your attorney? What did she say about his actions?

Also don't worry about him getting custody of your daughter. At 9, he may get visitation and you have to make her available, but you do not have to physically force her to go. If he comes to pick her up she can refuse to go. Just make sure you don't encourage her not to go. Make sure she understands that you will be in legal trouble if you don't get her ready and encourage her to go.

Thanks Scott. I didn't hear from my lawyer, yet. Is not the first time she procastinates when I need to speak to her ASAP. I am very desappointed at her. When I asked her to try to get a guardian ad litem she said there is no way to do since there is no violence or neglet involved. I talk to my daughter a lot that she nees to go see him, but I all the texts we send to him trying to make arrangements for him to keep her weekends, we have no reply. He is alienating himself from his daughter and I don't know if I mentioned but he filed a motion (lies) that I am doing the alienation... not allowing him to see or pick her up at school. According with the principal at school, if there is no court order the parent who gets there first can pick her up. And she begs me not to allow him or his family to pick her up. I am do one doing so for months now... Again, he is allowed to go pick her up, but he knows she doesn't want him to. She sees everything he is doing including the sign at the door. Which I took picture and sent to my lawyer. Thanks again. (I need to write a letter of complaint to present at the mediation, that if he doesn't do things the right way, I will sue him for the money he took from me before the marriage. I collected all the proof and I have witnesses. I have no idea how to write this letter... Can I pay a civil case attorney just to write a letter or do I have to retain another one? Thanks again.)

Ask your lawyer to recommend someone to handle the civil case.