Divorce questions -- I filed for divorce and waiting court date.

I filed for divorce and waiting court date. Our assets are negative. She has an order of protection against me which prevents me to go to my house and to her work. She was reported by one of her lovers at work about having sexual relations with her manager. Both of us work with me making more than her. She has always banked her paychecks and i have paid for everything (food, house, cloth, etc). I was naive enough to her name on the title of the house but not the loan for the house. I have the following questions:
1. She asked for $500 for 3 years and we have only been married for 4.5 years. Will she be entitled to this?
2. She is asking for some of my retirement money which i accumulated prior to my marriage to her. Is she entitled to this or will she be granted this?
3. What do i need to do to make sure that she leaves the house by law and signs it over to me once our divorce is final? (In her response she did not ask for the house.)
4. Do i need to have a hearing on the order of protection or have the file transfered from the lower court to the superior court i.e. does the divorce court needs to be aware of the order of protection? do i even need to pursue of any of this?
5. Can i suit the company she works for ruining my marriage since her manager is a high level manager?
Thank you,
BM

Originally Posted by Unregistered-bm I filed for divorce and waiting court date. Our assets are negative. She has an order of protection against me which prevents me to go to my house and to her work. She was reported by one of her lovers at work about having sexual relations with her manager. Both of us work with me making more than her. She has always banked her paychecks and i have paid for everything (food, house, cloth, etc). I was naive enough to her name on the title of the house but not the loan for the house. I have the following questions: 1. She asked for $500 for 3 years and we have only been married for 4.5 years. Will she be entitled to this? 2. She is asking for some of my retirement money which i accumulated prior to my marriage to her. Is she entitled to this or will she be granted this? 3. What do i need to do to make sure that she leaves the house by law and signs it over to me once our divorce is final? (In her response she did not ask for the house.) 4. Do i need to have a hearing on the order of protection or have the file transfered from the lower court to the superior court i.e. does the divorce court needs to be aware of the order of protection? do i even need to pursue of any of this? 5. Can i suit the company she works for ruining my marriage since her manager is a high level manager? Thank you, BM

Firstly, let's start with question # 5. You cannot sue the company she works for for "ruining" your marriage. You wife ruined your marriage by choosing of her own free will to have an affair. It's preposterous to think you are entitled to sue a company for such a thing. Stop blaming everyone else and start looking at your wife if you want to place blame on anyone's shoulders.

Secondly, you did not mention which state this takes place in.

The money you had before marriage will remain with you, as it's not money that was gotten during the marriage.

She will likely not receive alimony (regardless of whether she wants it or asks for it) you have not been married long enough to acquire alimony obligations.

Divorce could is family court and will be aware of the Order for Protection. If I were you, and that order was filed falsely against you (meaning you did nothing to deserve it) then you should fight to get that order dropped. I'd strongly urge you to take that matter to Superior Court if need be to clear your name and reputation.

In the divorce, if you two cannot reach an agreement on who gets the house, or whether it's sold to split the profits (which is the norm in divorce cases) the judge will order it sold (whether either of you likes it or not) and order that after debt is paid off, the profits be divided between the two of you.

Who is residing in the home currently? You can either buy her interest out or she can buy your interest out.

Point taken on Q-5.

We live in Arizona.

She is currently living in the house. But in her response to the divorce filing, she did not ask for the house. The order of protection says that she is supposed to stay in the house and i can't go closer than 500 ft to her. Can i go to my house and take some things while she is not home?

The OOP was filed in a suburb and the divorce was filed in the Superior Court in Phoenix.

So, when the divorce ends, what do i need to ask for from the court so she would have to leave the house?
thank you,
BM

Originally Posted by Unregistered Point taken on Q-5. We live in Arizona. She is currently living in the house. But in her response to the divorce filing, she did not ask for the house. The order of protection says that she is supposed to stay in the house and i can't go closer than 500 ft to her. Can i go to my house and take some things while she is not home? The OOP was filed in a suburb and the divorce was filed in the Superior Court in Phoenix. So, when the divorce ends, what do i need to ask for from the court so she would have to leave the house? thank you, BM

No, do not go to the house even when she's not home to retrieve your things. That would be a violation of the Order and you could find yourself being arrested and jailed. You don't want that.

If you need things from the home, perhaps a friend or family member can retrieve for you with an escort from a police officer.

You really need to fight the Order and get that lifted. You have the right to defend yourself against such accusations. Again, is there any merit to the allegations she made that got her the Order awarded?

You need to ask in the divorce pleading (your filed petition or answer, whichever it is) to have her remove her name from the deed. Ask the judge to order her name removed from the property. You won't have to wait until the divorce "ends". Those issues will have to be resolved before the decree is signed and ordered by the Divorce Court judge.

If you can get her to remove her name from the property before the divorce is final, you can then have the Registry of Deeds record it immediately. Once it's in the hands of the Registry of Deeds, go directly to district court and petition for eviction. Once her name is off the deed, you can have her legally evicted using the court to do so. You need a court order to evict her.

She cheated on me, I filed as petitioner and she responded.

The allegations she made in the OOP is that i yelled at her and a while back threatened to kill her. I did not threaten to kill her and i only yelled back when she yelled. So, the allegations are not correct. This is why i am trying to understand the law here before i jump in.

Since i have already file, can i do an amendment? Can i do this myself? Is this the same form? What do i say, is there a legal way of saying this? i.e. if i say "i want my wife removed from the house deed.". Is this going to be enough?

Will the judge look at an amendment earlier than the court date for pre-trail conference?
thanks!

When you appear for your divorce hearing, simply make sure to remind the judge that the marital home needs to be decided on, and that you are the primary on the mortgage (meaning it's you whose solely paying for it) and that you wish to keep that asset, and ask the judge to order that her name be removed from title.

Family Court goes completely overboard in handing OOP's out to vindictive women like candy. It is something I personally would fight tooth and nail to have dismissed, and I would also personally file charges against her for abuse of the system and for knowingly filing a false allegation.

1. what forms do i need to fill out for filing this against personally file charges against her for abuse of the system?

2. I have some receipts at home which i need to get before she throws them out. I save my receipts in a bag and i put them in a closet. Can i go back to the house with police and get these or i can't get them until she leaves the house or they rescind the OOP?

Originally Posted by Unregistered 1. what forms do i need to fill out for filing this against personally file charges against her for abuse of the system? 2. I have some receipts at home which i need to get before she throws them out. I save my receipts in a bag and i put them in a closet. Can i go back to the house with police and get these or i can't get them until she leaves the house or they rescind the OOP?

How many times do you need to be told this? NO, you CANNOT go to the house, even with a police escort, while the Order is in effect. Please stop asking this question. It's been answered accurately repeatedly.

Ask the clerk at the courthouse which forms you'd need, or either that, seek attorney representation on how to press charges against her for filing a false abuse petition.

With respect, the OOP says that i can go back to the house with police. My specific question was whether i can collect receipts or documents i have at the house?