What rights do I have now?


#1

I always suspected my husband of having an affair with his best friend’s sister-in-law since 2005 however had no proof. I started working in NJ 2009 and bought a condo in 2010 there for a place to stay while I was working. Renting was very expencive so we thought it was wiser to invest. I came back home just about every weekend and days off but my husband started to complain of out 16yr old daughter giving trouble and suggested they get a change of enviroment and start going to school here in NJ. So in September of 2011 my two daughters began school in NJ. We went back home every month for ortho and doctor visit, holidays, and long weekend. My husband also came to NJ some long weekends too. In April 2012 I upgraded my phone and icloud downloaded pics and contacts from his phone onto mine. Pics of him and the best friend’s sister-in-law. We tried to reconcile however it lead to him filing for an Absolute divorce in December 2012 claiming no children, no alimony, no ED, just a verbal promise to keep me on the car insurance, share the cell phone bill and help with cash when I needed. He changed the locks on the house and got rid of some of/sold our furniture, moved some of my things into storage. He moved his girlfriend from cleveland (one he had been persuing from 2007 when they worked together) into the house.


#2

Sorry, there’s more… In fear of someone having access to my personal info I flew home. He let me in and I asked her to go to a holel so I can talk to my husband. He called the cops on me. They said I had a right to be in the house. The Judge dismissed the claim due to him not filing the final paperwork for the divorce. Now his lawyer is trying to reopen the case. He moved out the house March 12th 2014 and I began to clean and prepare the house for sale. I throw out a few things and now he want to charge me with larceny. What can you suggest?


#3

If the locks were changed, how did you get in to throw away several items?


#4

Ever since the cops told him I had a right to be there I have been coming back a forth like I did before so I have a key.


#5

If the divorce has not been granted, you can file an action for equitable distribution and/or alimony if appropriate. If the divorce has been granted, the property will be divided as titled, and you have the right to seek partition of the land if the house is titled in both of your names.


#6

The divorce has not been granted. His lawyer is trying to get the Dismissed case reopened. Is it in my best interest to file a new case with a SA, ED, Alimony and Child Support or let them reopen the closes one?


#7

It shouldn’t matter if he reopens the divorce or files a new claim for divorce. If you want the court to enter an equitable distribution or an alimony award, you must have these claims pending when the divorce is granted.


#8

Okay… Thank you for your advice… Enjoy your weekend :slight_smile: