Ok here is the quick synopsis… I had lived in my own place for close to a year but I continued to pay the bills at the home which my wife and i once shared and she allowed me access to the home to see my daughters. She changed the locks to the house. She served me divorce from bed and board and claimed I abandoned her and committed adultery and wants alimony, retirement, and most of the property and leave me with the debt. My question is, would it be beneficial to me to shoot down her claims with my lease and emails, and texts that prove that we had not lived together in the first place which proves I didnt abandon her. I even put money in our joint account for her to pay the mortgage until I found out she wasnt using the money to do that.
The divorce from bed and board is improper as it is used as a tool to remove a spouse from the home, since you have already established a separate residence the claim should be dismissed, and you will need to file a motion asking that the court dismiss the claim.
I suggest you meet with an attorney in the near future to respond to the suit.
Thank you for the reply. Can I request that the charge of abandonment be dismissed as well since I had established residence elsewhere? I guess the abandonment was used so she could get post spousal support? One more thing… I read that if she had someone living with her in a heterosexual or homosexual relationship that she could not recieve post spousal support. Is this true. If so, what evidence can I submit for proof?
The abandonment is not a charge, but a ground for divorce from bed and board, which is an inappropriate claim based on the circumstances.
With respect to post-separation support, which is a type of temporary alimony, she cannot receive support if cohabitating in a romantic relationship.
Evidence could be emails that she sent you with an admission of cohabitation, recorded phone calls with the same, copies of bills with her paramour’s name on them that are from the same given address as hers, etc.