my wife is getting a divorce and her lawyer has asked that i levae the house. i am not on the deed and i signed a quick claim. i wish i would of known about the quick claim. i thought it was for the purpose of my credit not effecting my wife credit so i signed it. also my wife put a ex parte order on me claiming that i abducted our child. my court date is not until 7/12/07 and my child mediation is 6/12/07 how does that work. Also my lawyer thinks that i should move out of the house? I'm confused and was question weather i should get a place? my wife is playing hard ball. i have not seen my child in two weeks. I'm hurt. and what will the first court hearing do.
2007-06-06 17:29:28 · 15 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
First off, your divorce & custody are two seperate proceedings - that is why there are two court dates.
Due to the quit claim (and it was forthe purpose you think it was for...you bought the house not knowing you were going to get divorced) you have no claim to the home, and yes, you need to move.
Be strong, you will have a visitation agreement in place soon that you can enforce soyou can see your child.
www.deltabravo.net - a very good resource for men getting divorced with kids,I suggest you check it out.
2007-06-06 17:37:08 · answer #1 · answered by allrightythen 7 · 1⤊ 0⤋
It sounds like you will have to leave the house. But the order on you abducting your child-- you can totally reverse that and file that on her. You should probably get a better lawyer because they should be able to handle things like this! You need a lawyer who will also play hardball.
I of course don't know your situation but it seems like you are a mature and respectable person--so why don't you try talking to her and appealing to her reasonably? It is really best for the child that you two learn to get along. If she really cared about your kid she would realize what she is doing and how that will affect them emotionally.
When I was a kid my parents got divorced and they both fought constantly for custody and racked up thousands of dollars in the courts suing each other and making appeals, eventually they got over their hurt feelings and made friends again and it was the best thing they could have done for us kids.
Your mediation will usually be about you and the way you live your life, sometimes they bring in the child and talk to them (if they are old enough) and they ask about your relationship with the child. I would HIGHLY suggest you get your own place and make it suitable for your children to visit if you get custody. Take pictures of your house and bring any evidence that may help you in court to convince the judge you are a good father. (pictures of your family, things your kids have given you, etc).
Your first hearing will mostly just be your wife and her lawyer trying to pin things on you--it will be you against her and her lawyer.
GOOD LUCK! I hope things work out for you.
2007-06-07 00:42:23 · answer #2 · answered by H 2 · 0⤊ 0⤋
In divorce court, you settle money matters. At mediation you sit down and a mediator helps the two of you agree on visitation. To pay the least amount of support, you need to ask for as many days that you can do, as your schedule allows, I suggest 50/50, as long as you can get a babysitter when you work on your days. If the two of you cant agree, the judge decides based upon what the mediator writes down. So be nice, and always say that you want what is best for your child. Bring out that your ex's actions have not been good for your child. Stay calm!! After visitation is decided ,if you have attorneys, they will battle for you. If not, it will go according to your income. Good luck!!!
2007-06-07 00:48:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What you mean is Quitclaim deed, not Quick claim deed. I normally wouldn't correct your spelling, but you can look up the Quitclaim at the sites below. I am not an attorney, but from what I can see, I think you relinquished your rights to your home. However, she has a formal process to go through to get rid of you.
That being said, your LAWYER stated you should move out. If you don't trust your lawyer, then get a different one. And if you do trust her, follow her advice. Find an apartment (probably an inexpensive one) and move there. You do likely have rights to some of the furniture, however you need to keep your children's best interest in mind. If you are living at her house, fighting with her, and then you move out and take everything and be vindictive, this will harm the children.
I realize that it is difficult to not see your child. In your child mediation, they will set out some ground rules for visitation. Find out from your attorney what to expect. In order for her to prevent you from being able to see your child she will have to prove that you are such a bad influence that it will harm the child.
Most importantly, Stay calm, Stay focused, and expect things to be frustrating. Judges who make decisions are more likely to accept that you are a responsible adult who is a good parent to your child if you are not looking as frustrated as you are.
2007-06-07 00:47:49 · answer #4 · answered by mj69catz 6 · 0⤊ 0⤋
The short answere is yes, you should find a place. When you signed the "quit claim" you "quit" or signed over your interest in the property.
The other allegations will have to be challenged in court. Your not in a great position. Look after the child financially and emotionially to the very best of your ability.
Good luck.
2007-06-07 00:40:19 · answer #5 · answered by quiettype 2 · 0⤊ 0⤋
Yes your wife can move you out of the house. Also be sure that you give her child support by a money order only this will look good on your behalf when you go to court. Best wishes sweetie.
2007-06-07 01:34:17 · answer #6 · answered by Lindsey 4 · 0⤊ 0⤋
Yes you need to move out of the house. Get a place sit up for you and and extra bedroom to make it look good when you go to court that you have a place to live and somewhere for your child when they come visit. Walk a straight line so you look good to the court
2007-06-07 00:34:47 · answer #7 · answered by jujl62 3 · 1⤊ 0⤋
Find a new home. Because of her accusations, you do not want to piss the judge off by not being compliant. Make sure you have a bedroom set up for your child and do take some things from home of your childs so they can have some comforts of home during visitations.
2007-06-07 00:35:50 · answer #8 · answered by treasuredwife69 5 · 0⤊ 0⤋
first of all,this should teach you to always read things before signing them. secondly,yes,you should move out of the home at least temporarily because usually in these types of cases the judge may then let your wife retain the home,for the sake of the child.and as far as court,i imagine that the judge will give you certain visitation days with your child,be it supervised or unsupervised.
2007-06-07 00:36:24 · answer #9 · answered by mom7883 1 · 0⤊ 0⤋
There is an organization called Adam, it's for men getting a divorce. Try to stay as long as you can to cut costs ... but if your name is not on the deed there's not much you can do.
Do look at the links below.
2007-06-07 00:39:12 · answer #10 · answered by Cheech 4 · 1⤊ 0⤋