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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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MY HUSBAND AND I HAD ARRANGED ATTORNEY TO HANDLE A DIVORCE

Customer Question

MY HUSBAND AND I HAD ARRANGED FOR 1 ATTORNEY TO HANDLE A DIVORCE SPLIT EVERYTHING 50 50 NO ISSUES HE HAS CHANGED HIS MIND A FEW TIMES AND WE PAID 1/2 COST 0F DIVORCE. THE ATTORNEY WILL NOT TALK TO ME AS MY HUSBAND IS HIS CLIENT. I NEED TO GET OUT OF THIS HOME THE ABUSE EMOTIONAL VERBAL OCC PHYSICAL MY FEAR IS IF A LEAVE TO I LOSE MY RIGHTS TO MY 1/2 OF PROPERTY AND PERSONAL PROPERTY?OUR HOME AND CARS ARE ALL PAID FOR WE HAVE NO DEBTS PLEASE ADVISE
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your husband is now changing his mind to the point where you have to contest everything because of him, then I am afraid your next step is you have to get your own attorney and have them represent you. If he is emotionally and physically abusing you, when he does you need to call the police and file domestic violence charges and they will force him to leave the house and will issue a domestic violence restraining order against him to force him to do so.
Since he is now being uncooperative though, you need to get your own attorney to file everything in court and ask the court for a hearing now to get the court to decide the matter since he refuses to agree. Also, because he is causing this issue when he initially agreed, the court can make him pay your attorney's fees as well since this is his fault you need to get another attorney involved in the case when you initially agreed to use one attorney and split everything evenly (which is generally what a court will order).
Customer: replied 5 months ago.
Can I safely leave without losing rights to my property and possessions
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
No, if you leave, he can seek to stop you from re-entering the home claiming you abandoned it. That is why I suggested the domestic violence complaint to the police if he is abusing you as you state. Your other alternative is to stick it out and get to your own attorney who as part of the pleadings he files will file for temporary possession of the marital home to allow you to remain there and force him out.