Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Question: I recently built a new home with my ex-wife to be and we currently owe $155,000.00 or less. The home was appraised for over $250,000.00 six months ago. All furniture and appliances are paid for and still in mint condition. My question is if I allow her to keep everything but my clothes and my vehicle(she has a vehicle also) after committing adultery will still likely be responsible for spousal support and the same amount of child support? Also we signed papers agreeing to 7 & 7 custody on my first week I was stopped by local authorities and my vehicle was searched and towed due to no proof of insurance. I was not charged with anything, however; she has supposedly had custody changed so that i only get supervised visitation. She and her mother are attempting to convince local authorities that I am a drug dealer and they (my previous in-laws) make over one million dollars a year so they are listened to. I am not worried about getting into any trouble because the are false accusations, but I am concerned about her changing custody agreement. I know she is working for her mother and I am sure that they will try to say she makes very little money. Any suggestions? I was trying not to fight about anything and just use one lawyer but I am getting the bad end of the deal. Is adultery worth me attempting to prove? Should I just accept I have no chance of coming out with my clothes? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Louisiana. It sounds like you need to get a lawyer. Nothing should be changed in an agreed Order without your consent. Some states find adultery is grounds to get more property or to argue against spousal support.
Question: I was in a bad marriage for 2 1/2 years. I moved in with my ex since her home was paid for. She worked the first two months of the marriage and quit her job. I was paid all the bills, and she maxed out all the credit cards. Now we are getting a divorce, she wants half of my 401k which in those years of marriage amounted to about $40,000. Since I lived there those 2 1/2 years and the her house is paid for am I entitle to the equity in those 2 1/2 years. The house was worth $200,000 when I move in; now it appraised for around $250,000 with all the work that I did. Since I have to give her half of my 401k, am I entitle to half of the $50,000, since she didn't work and pay for all of the improvements. Answer: I am not licensed to practice in Louisiana, but generally you are entitled to the marital portion of her separate property. That means that you are entitled to 1/2 of the appreciation of the value of her home due to payments made on the house as well as improvements. She is entitled to the 1/2 of the 401k that was accumulated during your marriage.
Question: I was just notified of a court date where my children's father is seeking sole custody of my children. Background of the case is that I was court ordered not to move out of the state of Virginia. After this, my children's father was convicted of child abuse and a restraining order was put into place. The restraining order ended in January and it has been almost 4 months since it was over. Since then, their father hasn't bothered to contact them even though he knows my address and phone number. When the restraining order was put into place, my children were being harrassed at school by their teacher who is a friend of their fathers. I pulled them out of that school, wrote a letter to the courts explaining that I was moving to Louisiana and why. The letter included my new address and phone numbers. Five months later I was taken to court by my children's father on a "show cause" for moving out of state. The show cause was dropped and nothing happened. It has been almost a year since then and I now received a letter in the mail from the courts saying that I am to appear in court in a month. Since I have lived in the state of Louisiana for almost a year and half, am I legally obligated to appear in court in Virginia. Answer: I am not licensed to practice law in Virginia. You should also seek advice from an attorney in Virginia. Based on the information you provided, Virginia still has jurisdiction over the case and you. Meaning you must appear in Virginia. You may be able to appear by phone if the Court will allow it. Not appearing could result in a default judgment against you. If you are not there then the only evidence the court will hear will be that of your ex-husband. They could grant his request for custody if you are no there to tell your side of the story. I strongly recommend you contact an attorney in Virginia to discuss your options but regardless appear in court.
Question: If you leave someone and get divorced without a settlement, remarry and still have no property settlement, is there a period of time where you lose your rights to the land and assets on it or do you have those rights indefinitely? Answer: I am not licensed in Louisiana. You should also consult an attorney in your state. I am not sure I completely understand your question. All of the marital property should be divided in your divorce settlement. Occasionally, the court will bifurcate your case. In other words, dissolve the marriage and then address the property issues. However, it is an ongoing process. Once the property is divided it will not be revisited at some later date. I recommend you consult an attorney in your state immediately.
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