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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118789
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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On 12-31-2014, My estranged spouse had signed a warrant

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On 12-31-2014, My estranged spouse had signed a warrant against me for Domestic Violence. On 01-01-15, when I arrived home, the police were called to serve the warrant. I went to jail and was bailed out on a 6000.00 bond.When I arrived back to the marital home, within 15 minutes the police were called again even though nothing was wrong. A county police officer, ordered me to leave the residence and I was told by the officer that if I came back, I would be rearrested.
So basically I had no where to go. At the court hearing, my attorney plead me out as guilty and then I was advised to appeal the verdict, which I did.
My situation was basically unemployed and homeless. I did have a empty rental property so after 4 days I moved into the vacant rental property.
I hired an attorney and filed for divorce, this attorney only asked the court for the custody of my maternal grandsons and child support from the unbiological, grandfather. Without my knowledge, so I dismissed this attorney and hired another attorney who advised me as to what the first attorney had filed. Due to the fact that I am unemployed, I allowed a man who I had been seeing to live in the home with me and he is paying for the utilities and groceries. Who is also going through a divorce. I have been to court twice on the divorce and the attorney's and my husband and I have yet to try to sit down together and talk about trying to settle this. Now, my spouse is seeing a woman who was his 1st and 3rd wife. At the second court appearance, my spouse agreed to pay the house payment on the rental property and my car payment. Which he did for about 3 months and now has stopped paying for anything.
I was advised that I was not entitled to spousal support due to the fact that I was co-habitating, with a man.
I was married to my husband for 27 years and before I filed for the divorce, his psychiatrist advised him to admit himself, to which he did not do and then stopped seeing the psychiatrist all together.
This, marriage had completely unraveled 3 years prior to the affair that I had. There was no communication and no sexual involment, for at least 2 years. I am on my 2nd attorney, and completely out of money. I have been having to live off of my credit cards. Is there any recommendations that you can give me pertaining to the spousal support and the agreement that he made to pay for the things that he agreed to pay for? They have set the hearing off until January 2016. Any suggestions would be greatly appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years 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 he is not paying the bills as required, you need to file an order to show cause for contempt of court. However, if the court is denying you spousal support, your attorney needs to file a motion for support again and file proof that the person living with you is nothing more than a tenant that you had to take in because you needed assistance in paying bills because your husband was not paying support. You also need to make his psychological condition an issue in the divorce to show that his conduct is not normal and as such you are without any fault in any of this matter.

You are going to have to get back to court though and file either the order to show cause for contempt or refile for spousal support and present evidence in court that you are not co-habitating but it is a tenant to help pay bills.