Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Nancy Shannon

Cordell & Cordell Divorce Lawyer

If you are going through a divorce, do not pay expenses for your soon-to-be-ex-wife, such as marital home mortgage payments, and expect the court to give you credit for it later.

The following case study example is loosely based on the facts from a recently released Appellate Court decision in Nebraska.

Question:

I owned half of my house prior to marriage and the other half of the house was transferred to me as a gift after my marriage, so the house is fully paid off with no contributions from my soon-to-be-ex-wife.

No marital funds were used for anything involving the purchase of the house, though both my wife and I live there as our primary residence.

Is this house now considered a "marital home" subject to equitable distribution property division laws?

Question:

My ex-wife's divorce attorney placed a lien on my house for her attorney fees.

I am trying to work with the bank for a loan modification, but her divorce lawyer will not remove the lien.

What can I do?

Question:

I owned my house, cars, and most of the furniture before I married my wife and took in her two children.

Now that we are going to get a divorce, she claims she will not move out and has a right to my vehicles and furniture.

Can I take all my belongings, move out, and change the locks on the home since she will not leave my property?

By Sara Pitcher

Mens Divorce Lawyer

At Cordell & Cordell, we advise our clients on the perils of moving out of the marital home before or during your divorce. In fact, it's listed as one of "The 10 Stupidest Mistakes Men Make When Facing Divorce" in Cordell & Cordell co-founder Joseph Cordell's book.

The party that moves out is less likely to receive primary custody of the children, less likely to be granted possession of the marital home by the judge, and has little control over what is done with property located inside the home.

But if you smartly refuse to move out and your wife, in all likelihood, also refuses to leave the home, what are your options to get her to move out so you are not stuck sharing a living space with the person you are least likely to want to see?