Abuse of Legal Resources

My wife woke up one morning and decided that she wanted me to move out of our house because she just didn’t see our 15 year marriage lasting any longer. We had not been arguing. She surprised me with this declaration. I refused to leave and the tension in the house increased immensely. I am a disabled veteran and have been diagnosed with major depressive disorder and Bipolar II. She threatened to go to Social Services and get me removed from the home for my mental conditions (that I do take medications for). As far as I know Social Services would not help her and I asked my psychiatrist about it and she said that my conditions did not present a danger to anybody. About a week after she asked me to move out, two sheriffs followed my wife into our house and told me that I needed to go to the hospital with them. She was trying to have me involuntarily committed to get me out of the house. After 10 hours at the hospital, two mental health professionals agreed that I was not a danger to myself or others and a sheriff took me home. Two days later, two more sheriffs knocked on our door and served me with an ex-parte restraining order and gave me 10 minutes to gather some clothing and toiletries and leave the home. I could not take our only vehicle and had to call someone to come get me. I have so little and now she won’t even send over my medication that arrives in the mail from the VA. I am out of one of my medications… The hearing for the order is set for January 26th and I know this seems petty, but the instructions to the clerk on the form states that a hearing must be scheduled within 10 days. The 26th will actually be the 11th day. There has been a federal holiday during this time but this is important to me and I feel it should have been scheduled WITHIN 10 days. The summons says I must provide an answer to the complaint. How do I answer it when there are no questions? Do I just present my side of the events that are listed and deny the lies that are stated as facts? She’s already let her mom and her mom’s boyfriend move in to our house and no determination has even been made if I’ll be able to return. At this point I see that a separation can only help the situation but I feel like she’s abused the system to try and get things the way she wants them to be. I was willing to give up almost everything during a separation but now I kind of want to protect myself and get what is rightfully mine. I’m on a limited income but in dealing with this, I realize that your online legal resource is a very good bargain at just $199 per month and if I can find a way to pay for it, I will sign up for the service when I get my disability pay at the first of the month. Unfortunately, my hearing is before then.

The VA was able to provide me with a 10 day supply of the medications I was out of. It had been suggested to me that perhaps she was withholding them so that I wouldn’t be in my right mind when we appear in court. I find it so hard to believe that the woman I loved and continue to love is doing all of this to me. She did have an affair last summer and I forgave her. Now I’m wondering if maybe that relationship ever ended. Do you think an Alienation of Affection lawsuit is worth the time and expense? It really did cause the issues leading up to this separation and presumable divorce. Also, with her admitted affair, do I still have to wait the one year for the absolute divorce?

Whether you wish to pursue an alienation of affection lawsuit is truly up to you. I would read our article about Infidelity and Alienation of Affection to learn more about how the tort works. These suits are generally expensive to pursue, and if the person you are suing is judgment proof, then the likelihood of your recovery is small. But, every situation is different. If I were you, I would schedule a consultation with a family law attorney to discuss this issue.