...I'm about to file for divorce from my husband who has assaulted me twice & broke the protective order. He has accused me several times of cheating, and says that he will bring it up in the divorce; since he has no proof(cause I haven't), since we have no kids together or property to divide (only married 3 months), should I hire a lawyer anyway since he's making threats but has no grounds or proof of them and since there's nothing to take away from me, such as kids, house, car (it was all mine before we were married)? I'm thinking & attempting to do the divorce myself. I've done it before and know how.
2007-12-31 12:05:41 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It sounds like all he is trying to do is make trouble for you, and cause some psychological damage.
Unless you are in a state where adultery is still a crime (and there are very few states where it is) you should not have a problem.
Even if it is a crime, without evidence to support his claim, the judge will allow him to speak and then rule based on the facts in evidence.
Just to be on the safe side, you might want to consult with an attorney about the claims before you file.
2008-01-02 08:09:57 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
I would hire an attorney. Despite the fact that everything was yours before the divorce, co-habitation can make some of it community property. Did you make mortgage payments from a joint account? Then he gets part of the house. The cheating (even if you did) has no basis in court and will have no bearing on any judges decision for anything. But the abuse, the protective order and all will.
I would use an attorney. There is probably some free, or at least cheaper assistance you can get since it is a domestic violence situation. Talk to a local shelter and see if they know any attorneys who will do pro bono work, or cut their fees.
And just an idea- I know you probably dont want to, but move. He know where the house is and has proven that he will hurt you given the chance. You dont neccesarily need to sell the house (but it's not a bad idea), but I wouldn't live there anymore. Especially not alone. Just saying...
2007-12-31 12:16:44 · answer #2 · answered by Meghan 7 · 0⤊ 0⤋
Marital discourse is not going to gain you any advantages in divorce court. Sounds like he is just blowing off steam.
Attorneys can be expensive. If you have nothing to fight for, you should be able to get an uncontested divorce without one.
If he starts trying to claim the house and possessions, you would need an attorney.
2007-12-31 12:14:08 · answer #3 · answered by trooper3316 7 · 0⤊ 0⤋