I filed a cpmplaint for PSS, ED, CHild support and Child Custody. STBX answers the complaint with a divorce of B&B claiming maliciosuly turning out of doors and cruel and babarous treatment which is not true. What do I need to prove that these allegations are not true? If a divorce from bed and board is granted during our temp hearing for PSS, attorney fees and Interim ED what will these mean?
You will need to attend the scheduled hearing, and you will have an opportunity to be heard on the matter and present evidence that you did not engage in the marital misconduct he is alleging.
If the divorce from bed and board is granted the judge may consider martial fault when awarding PSS, and attorney’s fees.
What is turning out of door? Will the judge consider “he said and she said”? STBX claims that I was verbally abusive but he was just as abusive and provocated me by disrepecting me. How would I present evidence of this if it was just martial arguments and disagreements. Will we have to testify? The hearing is scheduled on the red calender so will bed and board affect ED in any way?
Turning out of doors is an antiquated term for kicking someone out of the house without just cause. You both will have the chance to testify to the circumstances of your separation. Family court judges are quite familiar with situations where most of the evidence presented is “he said / she said”.
Divorce from bed and board does not affect equitable distribution.
What does the court consider just cause besides domestic violence?
The court can consider any evidence your present as justification for having your spouse leave, emotional abuse, financial waste, ect.