No Separation Agreement - Child Visitation and Property


#1

I am new to this forum, so if this situation is address in another thread I apologize for the repetition.

Thank you to the Rosen Law Firm for hosting this forum and the numerous other resources they have made available online.

I have moved out of the marital home. 2 questions

I ran a business out of the home, this is my sole source of income. I started this business prior to being married, where 90% of the business related items were purchased with my personal 401K / pension monies that were prior marriage dollars. Since then as the business grew the business has purchased other business related items and depreciated against the business. A little background, we were separated for almost a year prior while we both went to counseling. During this separation there was no denial of access to the children or use of the home for business “stuff”. She said she forgave me and asked me to move back in Spring 2013. Needless to say it all fell apart while I was back in the home. My wife asked me to move out fall of 2013, at which time we agreed I would look for a place to live and after the holidays I would move and also start the process of moving out business related items and personal items. The agreement of after the holidays was due to and for the children. It was a mutual agreement for me and my wife that after the holidays was acceptable. Of course through all this time we both talked of not wasting tons of money on attorneys (no offense). There isn’t a lot of money out there to be fought over… Neither of us are millionaires even 1000’aires… She makes significantly more than I do, as the business is still in its infancy and it is barely breaking even each year. She has no reneged our agreement that I could move my personal belongings and business related items from the home. Some of the items are in my name only and I am still making payments as well. She has shut down all communication even regarding our children. She also sent me an email that all communication must now go through her attorney.

All that to ask these 2 question.
(1) What is my recourse to remove the remaining personal items and business related items? Her refusal to allow me access to business related materials will purposefully devalue the business and prevent me from earning an income.

This is the more important of the 2 questions. She has also refused me access to our children, sending me a schedule that SEVERELY restricts access to the children and limits it to public places for an hour or so with her there. There is no history of child or spousal abuse or endangerment.
(2) What is my recourse to see the children.

Again there is no sep. agreement, and I know I messed up by moving out without one, but I honestly took her word that we would do this easily, as we are not made of money.

Thank you for your time,


#2

If you aren’t getting anywhere communicating with her attorney, you need to file actions for child custody and equitable distribution. You should ask to be heard as soon as possible on temporary custody and you should also file a motion for interim distribution to have your business property returned to you. Sometimes you have to move to litigation to get movement from the opposing side on settlement.


#3

Thank you for your response… I am finding it extremely helpful!!

Should I notify her attorney of intent to file these actions? Meaning perhaps they will start to move on the items I have requested in some sort of agreement vs. litigation?

Thank you again


#4

How you communicate and what you communicate to the opposing side is your decision. You don’t have to tell the attorney. When negotiations don’t work, the next step is generally litigation.