Protection while filing for divorce


#1

We have a separation agreement that has been notorized,legal and binding. I have given him rights to the house, kids (i get to see every other weekend or when its convenient for him to do something) In the separation agreement, he states that I am to pay 500 dollars child support for two children,he will maintain sole custody of them since I left the home because of verbal abuse and he says that I am having an affair with more than one person(not true and can be proven). He also states that I will take no legal/financial recourse against him because when this was signed, he didnt bother to tell me that he has received his disability and his backpay and he is out here buying cars and luxury items. The sad part is I am the one that has worked in the marriage. With all of this being said, how do I protect myself after a divorce from him accusing me of anything else and in the wording of my divorce, I DO NOT WANT TO PAY THIS MAN ANY MORE MONEY THAN I HAVE TO. I do not know how much income he gets and do not want to go to court. I already know if he bails on the mortgate, I am screwed. My name is on the loan. Maybe six months down the road, he get tired of seeing me eating something else besides potted meat and Ritz Cracker and decided he needs to do something about that, I am living too well! What protection does the person that this has happened to have? Cant go to court, thats not an option, go back into a bad marriage and risk getting killed, or divorce and lose everything that you have worked for because someone thinks youve had an affair and doesnt think you’ve been punished enough by leaving your home after you have been the primary worker. My beef is I do not want to be sued after a divorce for spousal support because if i pay this man any more money, I cannot make ends meet. I have seen a lawyer and was told I should have never signed the agreement…I have ben royally SCREWED!

Also, does the lawyer stand in for you during your divorce so that you do not even see the other party and you are just divorced on the day?


#2

If the separation agreement contains a waiver of alimony he cannot sue you for support. If you did not include a waiver of alimony and are not a supporting spouse upon which he is actually and substantially dependant, he has no cause of action for support.

You do not have to attend the divorce hearing. If he files for the divorce you do not even have to have an attorney present.