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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I just received divorse papers from my husbands attorney, I

Customer Question

I just received divorse papers from my husbands attorney, I can not afford to hire one. I am a soon to be mother of thre boys 10, 13, & 16, from a previous relationship. I do have medical bills that were aquired during our marriage, that are now in collection. His attorney has included all of his financial information do I need to include all of mine as well?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Have you been asked for your financial information?

Were you on your husband's medical insurance when the medical bills were incurred?

Are the collection notices coming to just you or to you and your husband?

Thanks
Customer: replied 1 year ago.


No one has asked me for any financial information... He does make twice what I do. No my husband doesn't have any medical without me. I always had him on mine. The collection notices are in my name because I am the one whom they are for. But they were aquired while we were living together.


 

Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information. I want to look up a few things for you. I will be back asap with an answer. It may take some time, but I will get back with you in a timely manner.

Thanks for your patience.
Customer: replied 1 year ago.


So far the divorce process has been civil. I don't want to ask for anything that's not mine. We were only married a couple of years But together for over six. My auto insurance has always been paid by him but last month he canceled my vehicle & my sons off the joint policy. Keep in mind my vehicle is in both of our names. Can anything be done?

 

Expert:  xavierjd replied 1 year ago.
Hi,

First, while the divorce is pending, in most all cases, a party is PROHIBITED from taking the other party off of any insurance policies--including your auto insurance..

Your attorney (or you, if you are unrepresented) may wish to file a Motion to Show Cause why your husband should not be held in contempt of court for taking you off the insurance without your agreement or even knowledge.

Depending upon your financial situation, the judge MAY make you pay a portion of the insurance, but he is NOT able to take you off of the policy without your agreement and/or knowledge. If he makes twice the amount of money as you, you can ask the judge to keep the status quo as far as his payment of the insurance until the divorce is finalized. As far as your sons from a previous relationship, he MAY be able to cancel their insurance, but not without your knowledge. But, that is up to the judge to decide.

In Washington State, all property acquired during the marriage is generally deemed community property and must be divided equally at divorce. This includes real estate, spouse’s earnings, pension benefits and 401(k) contributions.

Similarly, all debts incurred during the marriage are considered community debts and responsibility of paying them are again shared equally by both spouses.

Washington Courts will not necessarily divide the property equally among divorcing spouses if there is a trial. The following factors will be considered in determining division of property:
  • Type and value of community property
    The marital home is often the most valuable community property in question. The court will likely award the family home to the residential parent or the parent with whom the child will be living.
  • Type and value of separate property
    Separate property is property acquired before marriage, or property received during the marriage as inheritance or a gift, or obtained under other special circumstances.
  • Length of the marriage
    In short-term (usually below five years) and childless marriages, the court may order the spouses to return to the financial condition that they had before the marriage.
  • Financial condition of the spouses when the divorce is finalized
    The court will consider the financial situation of both spouses after the divorce. In general, the court will not want one spouse to be very wealthy and the other very poor. It also considers that if one spouse is disabled or has not had the chance to work outside the home, the court will likely award more of the community property to him/her.

Even if the court assigns the particular debts, which you and your spouse need to pay, it is very possible that your spouse may not follow this. The company or persons to whom you owe the debts may still come after you and you may be forced to pay for them. In this case, you may sue your spouse so that the court can order him/her to pay you back.

 

But remember, in a divorce, everything is on the table regarding your assets and debts. If you and your soon to be ex come to an agreement, then so long is it is fair, the judge will enter the final divorce decree. But, if you cannot agree, the above factors are taken into consideration.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Customer: replied 1 year ago.


So, If both parties still live in the househild, papers have not been filed yet. But the wife is drunk almost nightly, calls my cell phone 8-14 times within a three hour period. The other night she was pushing & hitting me. I didn't respond the way she wanted. She did tell me that she was hoping I would put my hands on her so she could call the cops. How do I get her to move out of the home? My son is a senior in high scholl and doesn't even like coming home if I'm not there. She can not afford the household bills. Is there a motion of some sort that I can file. She has to go. I take prescription narcotics for my Crohnes disease and lately my pills have not been lasting the full time. Come to find out she's been taking my pain pills now. I have locked them up in my vehickle along with guns bacause she states she's going to hurt herself. What can I do?

Expert:  xavierjd replied 1 year ago.
Hi,

There really is no way to remove her from the home UNLESS the divorce papers are filed along with a Motion For Exclusive Use of the Marital Home. In the Motion/Petition you can indicate in numbered paragraphs as to why you should have exclusive use of the marital home. The other option is for you to move out. However, even if you move out, you may still be responsible for a portion of the utilities, water, phone, etc. at the marital home.

If your wife is making SERIOUS threats that she is going to harm herself, you may be able to file a Petition in the Probate Court to have her committed to a mental health facility. However, you would have to state, in VERY specific terms, what behavior leads you to believe that is a harm to herself and/or others and WHY you believe that she may harm herself and/or others.

Further, unless you have a concealed weapons permit, it is illegal to "store" your guns in the vehicle. If you do not have a concealed weapons permit, unless the guns are in the trunk and in cases, and they are not loaded, it is illegal to store the vehicles in the car. They can only be taken to and from a gun range. If you are pulled over by the police and there is a reason to search your vehicle and the guns are found (and you don't have a concealed weapons permit, you COULD be arrested. It would be wise to store the weapons in a locked gun cabinet, or take the weapons to a family member's home and have the guns stored in a locked cabinet.

Moreover, you should make a police report regarding her statements that you believe that she is going to hurt herself and/or others. You should also tell them about your guns and ask the police how you can legally store the guns so that she cannot have access to them.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

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20 yrs exp. in divorce, custody, visitation & support .