This all started with my husband being removed from our home for domestic violence. He then cutt off all phones and whatever else he could get away with. He then stole our marital vehicle from a court parking lot. He managed to be above the law on all these issues. I have been without a vehicle for 6 months! I have ongoing medical issues and can’t even continue medical care due to lack of transportation (dr. out of town).
I have had no financial help from him and I have been out of work for some time.
I gathered all the money I could and hired a lawyer, unfortunately he seemed to only care about getting more more money for him. He did not seek PSS/Alimony for me, however he did put it in our counterclaim for ED.
My husband requested mediation for his ED complaint. My attorney accepted, however he never told me that I had the right to decline it and that I had the right to a trial.
He sreamed and yelled at me and much more during mediation. He kept telling me to sign agreement and not to worry about reading it. This went on for some time until I was so confused and distraught and very scared that I signed it. I went ouside to call my mother, she tried to explain to me what just happened and what a quitclaim was. I immediately went back in, told mediator I couldn’t agree and needed to change it. I was advised to contact atty. wich I did, however he just started sreaming on the phone. I have since fired him, but I don’t know what to do? My husband called my sister and told her I was going to be evicted from the home! Can he do this? Is there anything I can file in the court by my self?
I contacted legal aid, but they have not gotten back to me.
Please Help!
Your husband cannot evict you from the marital residence. He would need to have a hearing in front of a judge in order to attempt to regain possession of the home, and you would have the chance to explain your side to the judge.
If you are the dependant spouse I strongly suggest you file a motion seeking post-separation support and alimony, you may also be entitled to an award of attorney’s fees for pursuing these claims.
As for the agreement with respect to ED you will need to demonstrate that you were under duress before a court will overturn the agreement.