Maybe a better question would be is this considered adultery even though we arent actually living together but seperated? Here’s the deal. Me and my future ex wife got in an argument because she left me with 2000 dollars worth of bills and I told her she could keep a the income tax because she said she only got a thousand dollars. Well I stayed the night at the house to do some college work online and found out the next morning she actually received 4500 claiming married separated. Well I turned off all the lights in the house because she refused to help pay bills and I’m stuck living with my parents barely able to pay the bills i have and can’t stay there but she is staying there with me supporting the bills for that house until she gets back in the appartment she used to live in. Well she waited for 2 months to start looking and I been out for a month and a half. So I found out that there was a call for a domestic violence against her husband but I haven’t been stopped at all so I do a little research and find out that her ex boyfriend the babys daddy has been staying at that house and her dad had called him in because he was scared for his daughters life. So the cop stopped him at the door and turned him around and this was the same cop that issued me my restraining order for a bunch of lies. I go to court Tuesday and need to know if I should get my lawyer to get these documents or not. Only if it could be grounds for immediate divorce. And we have nothing at all together except the house that we was renting and I’ve already had to get out from under a contract lease because I simply can’t afford it especially if I can’t even stay there and her boyfriend is. And also she wrote on the restraining order that she put on me we have been seperated for 3 months so my lawyer is saying we can say that we have been separated for 3 months because she wrote that on a state mandated paper.
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Are These Grounds For An Immediate Divorce? The Part About The Guy Living In My House?
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Your question didn’t really make all that much sense. If the house is rented in your name then why wouldn’t you talk to your landlord and explain that you aren’t living there? You can terminate your lease, whether she lives there or not. I don’t know what state you live in but there are no laws in any state saying that you have to provide housing in YOUR name. If you gave her a 60 day notice and it has been past that specified date, then you have every right to boot her out. Also, if the lease is in your name and there is another guy living there, you might want to notify your landlord of this. Your landlord can contact the police and have this guy removed from the property because he is not on the lease, and most landlords state in the lease that all tenants must be reported to them.
As far as a restraining order, SOMETHING must have occurred if a judge was willing to sign one. They don’t just issue RO’s for not reason at all. So maybe a little more detail on that? Theres no way a judge would sign one just because a woman walked into court spouting lies without some type of evidence or police report to back her claims.
As far as your attorney… if he agrees to something that is not true – then you need a new attorney ASAP. Also, if she stated that you have been separated for 3 months and you haven’t, that alone could earn her some jail time. Your attorney should be pushing that with the judge to expose her lies. You should be able to tell you attorney and they gather any and all paperwork needed to help YOUR case. That is what you pay him for. If you have to do all the work yourself, then there is not reason in having an attorney.
Also, because you are still married, if there is no prenup then you can claim your rights to half of her tax return. Did you help support her child during 2011? You provided a place to live right? Did the wife work? Well, that entitles you to some of that 4500. Your attorney should know about this. If he isn’t jumping all over this, you need to get a new attorney ASAP. You were together most of 2011 because the reality is that you were not separated for 3 months – it was less than that and you helped support the child and your wife, both of which you should be able to claim as dependents (only if she didn’t work).
Honestly it sounds as though you need a new attorney. Good luck to you
Excuse you? You have an attorney that is willingly asking you to perjure yourself? I don’t think so. No one is that stupid.
What Liz said, plus a waiver for the cooling off period can be requested if both parties agree. A lawyer knows this, too.