I was in a relationship outside of my marriage in 2010 and my spouse found out. We tried to work things out for about a year to no avail. We decided we could not work out the issues about June 2011. She was and currently is a stay at home mom. 100 percent of my income goes into our joint account and it is supposed to pay our bills and mortgage which are mailed to our house. We have four children together, 11 9,7,4. I have medical insurance which covers all of us currently through my employer. She only allows limited time for me to see them one day a week at best, and never an overnight. I visit them in our home and she does not allow me to take the kids outside the home except to take them to dinner on occasion.
There is currently no separation agreement.
I just called the mortgage company and we are currently three months behind, and pretty much all other bills are as well. She has not paid any bills since November 2011. I do not take any money ~ she gives me 40 dollars per week for gas, and I have those receipts. I asked to take some money to buy the children Christmas presents and she said no, so I borrowed money from my parents. Our joint account is empty at this point, but my checks are still direct deposited into that account twice a month. Before my credit is 100 percent shot, and my house loan goes into default what should I do and what rights do I have on the house, our kids, our assets?
What are the legal ramifications if she opens or uses credit cards that are/were in our names since our "separation?"
I had only taken a suitcase with me when she asked me told me to leave, should I try to move back in until a separation agreement is made?
Should I close the bank account and open a new one just in my name?
Should I have all the bills forwarded to my address and pay them?
What legal ramifications would occur if I was to have the children spend overnights with me?
What monies should I be giving to her since no written separation agreement exists and she does still maintain the childrens’ daily well being?
I currently have no access to money. Is there free legal resources that could help with properly filing separation paper work (I do not want it to be determined that I abandoned my home and lose all legal rights to my children and assets)?