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My parents want to divorce but my father is trying to make it all complicating by keep changing his words and now he's telling my mother to get a lawyer while he's not doing anything. They have a restaurant together but he's been skipping work to make my mother working extra hours and saying he deserves half of everything. He's been violent and abusive throughout their marriage (although therte's no evidence, I am the witness). All my mother ever did was to keep her mouth shut trying to keep the family together. Why does my mother has to worry about bills, business, work, and everything and now preparing for divorce while my father stays home and do nothing and get half of everything? Can my testimony about their abusive marriage help my mother even though there's no record or evidence? It's not the money my mother is going after but I am convicing her that the ;aw is fair and my father does not deserve same as my mother. I need a speificfic answer. Please help us.
State/Country relating to Question: Oregon Already Tried: talking, help from online divorce
First of all you can ask the court for an injunction to take over the company since your dad is doing nothing. You would have to file a Motion for preliminary injunction and have to convince the judge that since he is not doing anything, your mom should take it over. Keep any kind of emails or written correspondence requesting that he perform his business requirements. If you can convince the judge that he is not acting in the best interests of the business (staying home and doing nothing) then you may be able to take it from him for awhile and be paid accordingly.About the abuse, your testimony is credible, however the court will look for hard evidence such as police and hospital reports etc. to confirm your story.
Attorney
Over 12 years of business and legal experience.
Thank you for your help but it gets very complicated. In order to run the business, my mother has to work all day. They are barely making payments on their house and other bills. Even if we take the business from him, when the divorce is settled, my father believes he will get half of everything. He's pretty much telling my mother to get a lawyer, do everything necessary for divorce while working and he will get half at the end. Since their business isn't doing well, my father is using this opportunity to put my mother in the worst position. Is it true that NO MATTER WHAT, he will get half? They also have a piece of paper my father wrote and signed saying, he will only get the car and be allowed to use their credit card while my mother makes payments. It sounds a little confusing but they do not have too much assets anyway, and my father is just trying to ruin my mother get every benefit he can get out it. It's not that he never work but he thought skipping work would put their business in jeopardy until I intervened and carried the business with my mother. If the busiess closes for one day, they won't have enough money to pay for bills and mortgage. My father knows this and simply saying do whatever you can, it's either whole family gets ruined or he gets half. I am really sorry about this long reply but my mother needs help. And I do believe our law is fair. Thank you very much and Iwill be waiting for your reply.