My wife filed for divorce and had me evicted from our jointly owned home in May 08 claiming that I was a danger to my family because I drank alcohol on a daily basis. She exaggerated about my consumption of alcohol in her affidavit to her attorney. We have a 2 1/2 year old son together. I have never abused my family or been convicted of anything involving violence or alcohol. We went to court in June 08 and the judge granted my wife the motion for temporary relief and ordered me to not return to my home unless an arrangement was made to do so with my wife and local police. Ordered me to pay half the mortgage while my wife and child live in our home during divorce proceedings. Pay child support in the sum of $670 a month which I thought was excessive. The judge also granted my wife temporary 100% physical and legal custody of my son and supervised visitation only for me to see my son because of my wifes allegations of alcohol abuse. The judge never let me speak my side of the story or even questioned me about my wife allegations in the court room which I found very unfair! He just made his judgement and that was that. Did this happen because I was there without an attorney and did not know my rights? I filled out a paper sent to me by my wifes attorney (answer to the complaint for divorce) prior to court proceedings that ask me to answer what I agreed with and disagreed with in my wifes allegations. This was never discussed in court. Is that proper procedure?
My wife and I have been speaking on the phone during the past 7 months and have talked about trying to save our marriage. My wife then stopped the divorce proceedings a few months ago but still refuses to let me come back to my home unless I do some things she is demanding. I have abstained from drinking alcohol since I was served the divorce papers on May 9, 2008 because my wife was using the fact that I excessively drank alcohol to keep me from my son and my home. So here I am now still doing what the judge ordered 7 months later even though the divorce is not happening. So here are my questions.
1. How long can I be kept from my home on this Temporary Relief Motion now that the divorce has been terminated?
2. Do I have to or should I file my own motion to go back to court and speak with the judge about my wife stopping the divorce and keeping me from my home and paying half the mortgage?
3. If I re-file the divorce papers what are my rights to the home? Can I demand the house be sold as a court auction if we divorce and my wife can not buy me out of the equity on the home? I can not afford to pay half the mortgage, child support, and rent for a place for myself much longer without going further into debt. What are my rights and options here?
4. Is there something I can do to satisfy the judge or prove that I am abstaining from alcohol completely so I can see my son unsupervised? My new job has zero tolerance for alcohol abuse. I was tested before being hired and they randomly test for alcohol and drugs. I'm also willing to submit to random testing from the court if that will help prove I do not use alcohol or drugs.
Thank you in advance and if something is not clear or you need more info on my matter please let me know.
JB808
My wife and I have been speaking on the phone during the past 7 months and have talked about trying to save our marriage. My wife then stopped the divorce proceedings a few months ago but still refuses to let me come back to my home unless I do some things she is demanding. I have abstained from drinking alcohol since I was served the divorce papers on May 9, 2008 because my wife was using the fact that I excessively drank alcohol to keep me from my son and my home. So here I am now still doing what the judge ordered 7 months later even though the divorce is not happening. So here are my questions.
1. How long can I be kept from my home on this Temporary Relief Motion now that the divorce has been terminated?
2. Do I have to or should I file my own motion to go back to court and speak with the judge about my wife stopping the divorce and keeping me from my home and paying half the mortgage?
3. If I re-file the divorce papers what are my rights to the home? Can I demand the house be sold as a court auction if we divorce and my wife can not buy me out of the equity on the home? I can not afford to pay half the mortgage, child support, and rent for a place for myself much longer without going further into debt. What are my rights and options here?
4. Is there something I can do to satisfy the judge or prove that I am abstaining from alcohol completely so I can see my son unsupervised? My new job has zero tolerance for alcohol abuse. I was tested before being hired and they randomly test for alcohol and drugs. I'm also willing to submit to random testing from the court if that will help prove I do not use alcohol or drugs.
Thank you in advance and if something is not clear or you need more info on my matter please let me know.
JB808
