My wife is determined to drag out the divorce until I am broke. She is still living in my home that I purchased and the judge will not kick her out and let the children stay with me.
She is unemployed so I am paying for everything while she refuses to look for a job. If she cannot find employment I will end up paying the mortgage for her while she lives in my house.
Her strategy is to remain in the home until I am kicked out by the judge and ultimately pay for everything. This is all about money for her.
Is there anything I can do in my situation?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Colorado divorce laws where I am licensed to practice.
The fact that a home is titled in one party’s name only isn’t the test as to whether it is marital property; anything purchased during the marriage is presumed to be marital property and can be divided by the court at final orders absent some very specific circumstances, according to my state’s divorce laws.
It sounds as though the court has entered some type of a temporary support order. It is usual to have the primary breadwinner provide temporary spousal support and child support through the course of a divorce.
Similarly, there are provisions that allow someone to argue that the person they’re paying temporary support to are voluntarily unemployed or underemployed and should therefore be held to the standard they would be if they were working full time.
Where I practice, if a party isn’t working, isn’t disabled or the caregiver for a minor child under 30 months, or engaging in a good faith educational choice, our courts will usually hold them to their previous salary standard or at least to a full time minimum wage standard. Unemployment can be counted as income as well when determining support numbers.
You may want to consider retaining the services of a vocational assessor, who is an expert who can review your wife’s employment and educational history and report to the court about the employment opportunities available to her locally.
I find vocational assessments to be very helpful to the court when I am making arguments that an individual is choosing not to work.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.