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My emotional state of mind is a wreck. Tue the 14th I have 15 minutes w/an attorney at a Legal Aid office. Please help with any advice regarding questions to ask. Here is a synopsis:
Husband walked out Sep 20th. Said I love you on the way out the door. Returned day after to pick up some things. Haven't seen him since. I attended a legal class Sep 26th. Found out I have to respond with an Answer to his Complaint within 20 days after served. I still have not been served. His attorney filed the Complaint and Motion on Sep 26th: Pltf's Motion for an Absolute Decree of Divorce; for Exclusive Possession of the Marital Residence; and Related Relief. He also filed court date for 11/03/08 with the Motion. I picked up a copy of his Complaint on Oct 10th to bring to my 15 min appt. The Complaint states: V. That there is community property of the parties to be equitably divided, specifically the marital residence for which there is no equity and should be awarded to the Plaintiff along with the encumbrances therein. Plaintiff's properties he owned prior to the marriage should remain his sole and separate property. VII. That neither party should pay spousal support.
WHat can I ask or should I just give up.
Do I have the right to request: $ from the house (he claims there is no equity) Health Insurance coverage&Spousal Support (I was in a company wide lay off & don't have a job-I am looking but no luck). $ to move out if he is kicking me into the street (I have no where to go). File taxes together so I have the benefit of the house too. Reimbursement or payment of living bills; electric, water, etc he had shut off when he left. I had to put in my name to keep on. I am trying to figure out how to be my own attorney while waiting for the Pro Bono to maybe go through. Please help, I am shaking in my shoes. I am generally a strong person but this is really tearing me up. Please and Thank you.
goodbest thing to do is meet with the attorney, and then come back here with questions about what you talked about - the attorney is going to be asking the most questions of you. Bring any information you have regarding assets and debts, and have a general idea of what outcome you would like to have.
You will request that the house is evalutated to find out what the equity, if any, there is - even if it is minimal you can still force that your share be given to you, either by the sale of the home or he buys you out. You can even request the home be awarded to you. The attorney you speak to will be able to give you a better idea of what you are or aren't entiled to based on the more detailed information you provide.
Spousal support is something you may be entitled to, again, it depends on the overall picture. I can't tell you either way. If you have questions about anything the attorney tells you, post here...until that meeting, breathe...lots of people go through this every day - you will get through it as well.
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