Filed for divorce in Jan. Spouse left in March of 2004. I have two children living with me that are not legally or blood related to her.
This will negate any child support being received or paid by either party.
Original agreement was to refinance under my name and give me and the kids a few years to keep going in the house.
Was any of this in writing or court ordered? If not it doesn't mean a thing in the legal system.
Gave her 12k to help payback original downpayment from her and get her started back in Washington state.
IF you have receipts to prove this then you can try to use them in court. Judge may see it as you just giving her a gift and might not put any weight to it. At least you can show that you gave her the money regardless of what you say or she counter-claims it was for.
After she moved, she wanted the house sold in a year and wanted all proceeds except 10k. Proceeds will probably be in the vicinity of 50-70k when all is said and done.
Her lawyer put dollar signs in her eyes. Not much you can do about that now. IF her name is on the deed, then she can try to have the judge rule that it be sold and the proceeds split 50/50.
Spent the last year trying to compromise, then filed in January. She showed up after my filing and took everything she felt was her's in the house and terrified my two kids. I filed an emergency protection order, denied...hearing still scheduled. She has a lwayer...I do not...can't afford one....
You can't afford to NOT have a lawyer. Otherwise, you and your kids may be left high and dry. See if you can get a loan of any kind....don't need to tell them it's for a divorce lawyer....make something up...and use the money for a retainer fee for a lawyer.
Her attorney filed for expedited hearing then rescheduled for a month from now after the home ransacking.
Question is:
Since my name is on the deed and I have paid the last year's mortgage along with sharing the years of mortgage with her...6 years...even though she may have had the bulk of assets sold during the marriage, doesn't Maine usually split the house 50/50?
IF you have a lawyer you may be able to get him to persuade the judge that you need a place for your CHILDREN to live. Go heavy on the fact that you would have to disrupt their lives and schooling and they have known that place as home for "XXX" years and how difficult it would be for them. Might work; might not. Aside from that, if you bought the house BEFORE your marriage, she is not entitled to one square inch of it or any money gained from the sale of it. If you purchased the house jointly but with only your name on the deed, then you should at least contact a lawyer to get current accurate information on what your options are. At most, sell and split proceeds 50/50.
Oh yea...she has asked for spousal support as well...which I can't possibly pay...I'm supporting two kids...she supports none...what are the chances of Maine asking me to pay her money?...
Spousal support usually isn't awarded if the marriage is less than 10 years in length AND/OR the spouse stayed home 24/7 and maintained the home AND/OR the spouse has no marketable skills. If she is unemployable, then you may have to pay some spousal support for a set period of time in order for her to become employable. If she has a job and can support herself, then it isn't much of a reality that she will get spousal support.
GOOD LUCK.
cesans
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