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Responding to separation documents?

I have been told by a family member my wife is filing for a separation. She moved out of the family home 5 days ago with our 2 young children. What should I do?

by jaq   4 Posts 
Posted on 11/21/2008 1:50 AM
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Answers for "Responding to separation documents?"  (5) (You must be logged in to answer)




If she can afford the house on her own, yes, she could - it is going to turn into an issue - she will have to be able to afford the mortgage AND be able to buy you out of your hare if she wants to live there - otherwise I strongly suggest you push for it to be sold and divided.

 

and don't be so sure you won't suddenly HAVE domestic violence issues in her opinion in order to get what she wants...the whole classic move out without you knowing and no real contact...reeks of a possibility of false charges.

 

I'm changing my answer to you based on this, I think you DO need to file first and ensure you are protected.

 

 

by spaznskitz   4947 Posts
Posted on 11/21/2008 10:40 AM
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I was also told she intends to have me removed from home so she and children can move back in. They are staying with her mother. Can this be done? We have no domestic violence history.
by jaq   4 Posts
Posted on 11/21/2008 2:14 AM
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Eh, not really, she already moved out so there isn't an argument about who stays in the marital home and there isn't an issue on custody...so just let her incur the filing fees.

Just make sure you are an active part of your kids lives and support them...with or without a court order...they deserve to be taken care of regardless of what is going on with mom & dad. =)
by spaznskitz   4947 Posts
Posted on 11/21/2008 2:09 AM
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Is there any advantage to filing first? I have no problem with her having primary custody.
by jaq   4 Posts
Posted on 11/21/2008 2:06 AM
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Well, you can beat her to the punch and file yourself - OR wait until you are served, and then respond to her petition giving you time to interview attorneys.

Are you ok with her having primary custody of the kids for now? (you can argue for 50/50 later if you so choose)

by spaznskitz   4947 Posts
Posted on 11/21/2008 1:59 AM
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