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Do I just keep up the good guy

Started by wvpoorfellow, Apr 08, 2012, 12:18:14 AM

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wvpoorfellow

My wife out of the blue ask my to leave to give her time to decide on a divorce. I agreed to leave but only to give her time to figure out her decision. I didn't say I was leaving and not coming back, all of my personal items are still there.  I did to leave at her request to give her time only,  could she say I abandoned her and my children? She brings the children to see me but only on her terms, the kids want to stay with grandmother etc.  I'm doing what she ask and continues to ask me to do, she keeps saying she needs time,  And how long can she use this reason of she just needs time. It's been 2 weeks.  Does anyone know what the law in WV  is on issues where if your asked to leave the home voluntarily just to give your spouse time?  What are my options please help I don't have money for a lawyer.

Waylon

Quote from: wvpoorfellow on Apr 08, 2012, 12:18:14 AMI did to leave at her request to give her time only,  could she say I abandoned her and my children?

In a word, yes. You should probably move back in immediately, otherwise the court will view this against you. By moving out you're telling the court that you're fine with her caring for the children alone. It's your home and your children too, don't move out. This is a serious mistake.


Quote from: wvpoorfellow on Apr 08, 2012, 12:18:14 AMShe brings the children to see me but only on her terms,

And so it starts. This will only get worse, mark my words You're setting a very bad precedent here. Move back in immediately and insist on your right as the father to take care of your children and live in your own home!! I cannot stress this enough!


Quote from: wvpoorfellow on Apr 08, 2012, 12:18:14 AMDoes anyone know what the law in WV  is on issues where if your asked to leave the home voluntarily just to give your spouse time?

The law anywhere is that if you leave, you're screwing yourself. Move back in immediately, do NOT let your wife set the ground rules for how and when you can see your children, and start reading here:

Protecting Yourself During Divorce
http://deltabravo.net/custody/protect.php (http://deltabravo.net/custody/protect.php)

Common Custody Traps For Parents
http://deltabravo.net/custody/custodytraps.php (http://deltabravo.net/custody/custodytraps.php)

Tips For Getting Started
http://deltabravo.net/news/10-19-2000.php (http://deltabravo.net/news/10-19-2000.php)

"The List", by Tom
http://deltabravo.net/custody/thelist.php (http://deltabravo.net/custody/thelist.php)

First Aid Kit For Divorcing Dads
http://deltabravo.net/custody/firstaid.php (http://deltabravo.net/custody/firstaid.php)
The trouble with reality is that there's no background music.

ocean

Agree with Waylon. Move back into the house, even if it is a spare bedroom/living room for now. Do not argue with her or become loud. She may pull the abuse card and get a restraining order to make you leave. Go home, move your personal items to another room. Take any important papers and give them to another family member/trusted friend for now (tax forms, pay stubs). She can not kick you out of the house (unless she says abuse and gets a restraining order). Once you are inside the house, tell her you are staying home and to be with the kids. Until you have signed judge orders to leave or have a parenting plan in place, do not spend another night away from the house. If your marriage is really over, then you both need to come to an agreement on the division of property and the kids parenting schedules. You should get joint legal custody and depending on who gets the house, even joint parenting plan if you are both in same school district. The kids can spend one week with you, one week with her or some people do 3/4 then 4/3 days. Read this site and ask questions BUT first thing is get back into the home.

wvpoorfellow

Thank everyone for the info. Would the law be the same if our home was on family owned property? The home is located on her family's property could I be arrested for trespassing?