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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Wife and I are in a contested divorce for her adultery after

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Wife and I are in a contested divorce for her adultery after a 2.5 year marriage. I am unemployed. We are in discovery process. We bought a house and she lives in the main house, I live in basement. Wife has not deposited full direct deposit for last two salaries. She is withholding the money to make payments on her new dept and expenses while not allowing me to make payments on old marital debt under my name only. I know this is a violation of the divorce statutary injuction.
Is this a grave violation?
I am about to move out because the house is due to sale this month.
Wife lawyer has offered to distribute some of the equity of the home sale in advance before judgement or agreement. But should I ask for Emergency Alimony instead to set a precedent given that She is making good money, she has admitted adultery, I am unemployed and it's a 2.5 yr. marriage?
We live in TN, no kids, own house and debt together.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
This is not a grave violation, it is something that happens all of the time. It is a violation for which the court will adjust the equitable distribution for and take it into account. As far as alimony, because this was a marriage of less than 5 years, any spousal support you receive would likely be minimal at best, XXXXX XXXXX of marriage is a factor in the court's decision to award such support. You need to keep records of how much she is taking from her deposits to make sure it is properly credited during your equitable distribution.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92572
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Law Educator, Esq.
Law Educator, Esq.
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Experienced attorney: Family law, Estate Law, SS Law etc.