Need help w/ seperation!


#1

Sadly, if you resumed living in the same residence the separation time of one year and one day may start over. If I’m not mistaken though you have legal and physical joint custody unless custody is determined in court. I do not think that he can move away with the children without your consent. I would get an attorney as soon as possible. You are entitled to 1/2 the marital assets and debts and if the courts find that he is selling off marital assets without dividing them with you and/or increasing the debts that you owe, that would be detrimental to his case. Document everything, every conversation. Go to Radio Shack and buy a recorder for your phone, record all conversations with him and mark them with the date and time.


#2

Although legally you still have joint custody of your children and he should not be allowed to move off with them without your consent, does not mean that he can’t or won’t do just that. The best thing to do is to get an attorney and file for custody and equitable distribution. That way everything will be heard in the county you are in and he will have to come back for that no matter where he moves.


#3

My kids and I moved out of the home in Feb. 06, I had only signed a 6 month lease at my apt so I could look for a more permanent residence near their school. In the meantime, I had temp. custody, and child support, however in Aug, my lease was up and I tried to renew it. My apt. had already been rented out, so I had to move. My stbe has the house up for sale and is moving out by his work (almost an hour away), he said he wouldn’t let me and the kids be without a place and that we could stay in the home while he stays w/ a friend by his work so he doesn’t have to commute everyday. Also, he said if the house sold in the meantime, he would get us (or from my share of the house) a small place by the kids school. So me and the kids moved back into the home, and he decided to stay as well. He is only home for about 5 hours or so a day due to work sched. and driving time. After about 6 wks of this, he throws me out, keeps the kids, files a dom. report saying that I am threatning him. So now everything has been reversed, I was able to get back into my old apts (not the exact same one), but now he has the kids, my car and he is saying that this whole divorce will start all over again. Is this true? We never reconciled, that was never the intention and is there anything I can do? He is trying sell the house and move the kids away. Please help!!!