sjcrft
New
Reged: 08/26/07
Posts: 18
Loc: Long Island,NY
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ok this is a long story ,my stbx filed for divorce in nov 06 and right after that filed patente lite orders ,custody,support etc,the judge didn't give her anything,I responded and the laywers came to an agreement of 150.00 per week ,fine since I was already giving her 120.00 and paying all the bills of the household mortgage,electric etc. We have been living together with the kids in our home. I have also been making a number of offers to get this situation to end. In july at a court conferance I asked the judge for a parenting schedule of equal time because the sbtx is just doing what ever she wants with the kids and there was a couple of conflicts. since then she has telling the two older childern of four what has been going on and now they are revolting against me! on one of my parenting times my older child didn't want to go out to dinner with me and her siblings she is 15,I grabbed her and escourted her out to my car ,she called police and a report was made ,no injury's but it has me as the victum the stbx took her to the hospital and cps was called. she also went to family court and tried to get a OP and didn't get one. My lawyer advises me not to worry about cps/family court.So after that incident a asked my lawyer to get an emergency conference in court ,he did ,my stbx was witholding visitation I wanted to go for custody at that point and charge her with contemp of court.the lawyers agreed that if she withheld parenting time one more time we would go for contemp/custody .I have been the good person in this whole situtaion paying bills ,trying to respect the other person ,not to put our children in the middle. After all that my stbx called my cell phone and said "you win,I fired my lawyer and I'm dropping the divorce case", she also told me she is doing this so she doesn't have to give up house/custody?Can she do this ,will I have to start all over again ? she is the plaintiff in this case. I'm losing my marbles here!!!she and the older children are acting like nothing is wrong here and evrything was the way it was before, This is crazy!!!
Please help !!!
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KGrow
Platinum
Reged: 01/27/06
Posts: 3115
Loc: Colorado
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No she can't do that. You can continue the divorce without her. Without her there to speak up for herself, you're going to have an easier time getting a divorce agreement that's good for you. I assume she'll realize her mistake and come back with fury. She sounds like she has a penchant for drama. How do you manage to stay living under the same roof with all this going on?
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sjcrft
New
Reged: 08/26/07
Posts: 18
Loc: Long Island,NY
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Don't know how either ,My lawyer advises me that if I leave the house My chances for custody go down besides if I am paying all of the carry costs I can't afford to live elsewhere. We have agreed to sell the house up untill now where She called real estate broker and told him to take house off market.My next court date isn't until November unless she breaks the parenting schedule again then I will ask for an emergency conference and file contemp/custody paperwork
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2149
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In your answer to her complaint for divorce did you and your attorney include a counter-petition ? If you didn't you will have to start all over . If you did counter-file the divorce will continue .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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sjcrft
New
Reged: 08/26/07
Posts: 18
Loc: Long Island,NY
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I know we answered the petition for divorce ,I don't think there was a counter petition filed,have to check with attorney on monday.
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sjcrft
New
Reged: 08/26/07
Posts: 18
Loc: Long Island,NY
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Just found out from lawyer today ,she can drop divorce. so we have to file for divorce before she drops and motion the court to join both cases so orders(stipulations) will stay in effect or I will be forced to start over
Thanks for your help
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