My Soon-To-Be-Ex Is Unemployed, Refuses To Move Out While I Pay For Everything

colorado springs divorce lawyer Stephanie RikemanQuestion:

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?

Answer:

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Colorado Springs Divorce Lawyer Stephanie D. Rikeman, contact Cordell & Cordell.

End of Content Icon

3 comments on “My Soon-To-Be-Ex Is Unemployed, Refuses To Move Out While I Pay For Everything

    I AGREE WITH MALLEN
    as long as you are the plaintaff you have it made in divorce court which is civil court.i have no clue why they call it that since the lack of any kind of laws make for it to be less civil then any criminal court proceddings i have witnessed. in divorce.civil court LYING IS ACCEPTABLE.i am living it now.i have watched lies come off everyones lips and sadly i have had to lie in order to play their game.my first day in civil court i thought “here we go” “asome real action on this case”..NOPE. everyone is a sales person trying to grab a buck selling you dreams. the civil court is a court that is a broken machine that IS LEFT BROKEN ON PURPOSE AS IT GENERATES MASS INCOME for those that are part of it and at the top of the “NON-PROFITS” that “work” side by side with the civil courts. if you are in the middle of a mean divorce. your only course of real action if you want anything to go your way ..sadly IS LIES. go get anh order of abuse..press it aginst whoever you want out of your life.if you want the kids your gonna need to LIE again and say that her/him abuases them as well.no worries though ,at court,the judge will ask you if that was a “miastake” which you can say yes to as you ,the plaintaff ,can cange what you said at anytime .NO?.. i have witnessed it with my own eyes. yes you can lie to police,retract it and in some cases …the judge and so forth will help you with readjusting”what you emant to say”…io thought it was suppose to be what happened.not about “what she meant to say what happened?… ill stop ramblin but even on websites for CIVIL COURTS..under the abuse order section at least for my state.it actually says on their “if later on you retarct your statement at anytime you will not be held liable” im sure this was a creation of the NON-PROFITS who now NEED CUSTOMERS..not abusers. does paper stop bullets? if you really are abused ,grow up and jail him or her.i live in this world to asw well as my kids. take him to criminal court. to the rest of ya.i call you liars. as the civil court is only used to play your games. im done!

    RESTRAING ORDER
    get a restraing order now! dial 911 and have her removed under any reason your states webite says…hurry before she does it to you!

    THE DIVORCE LAW IS ILLEGAL
    If you are going to let a court rail-road you then it is your fault. Here is the facts: The divorce court system is based upon fraud. It is actually illegal.

    A divorce takes two people to AGREE the marriage is over but what the courts are doing is taking one persons word and forcing the other to accept it also. This is against the first principle of Common Law which states, DO NO HARM. There is, and can be, no such thing as No Fault Divorce because the law is, by nature, adversarial;(Someone is hurt by the actions of another and goes to law to find redress) in a No Fault system there is no adversary.

    What men are doing is allowing an illegal system to rape them and instead of fighting this law, they fight their ex in the mistaken belief that the law must be legal because, well, it’s the law.

    WRONG!

Leave a Reply

Your email address will not be published.