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Ex requesting court to throw me out of house w/o property settlement

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sur5er1998

Junior Member
What is the name of your state (only U.S. law)? Indiana

Since August 2007, my divorce case has been dragging through the Porter County IN court system....and I am trapped here. Although I have attempted to return home to Michigan for employment purposes [where I am trained, educated and employable in a specific field], my ex and his attorney have been able to prevent me from moving back home through numerous financial games during the divorce. For instance, because of the divorce I do not even have a vehicle, and I only receive $100 a week in maintenance [my ex grosses approximately $100,000 a year and although he should pay 35% of his weekly wages for maintenance, the court 'let him slide'].

It gets worse: Porter County Local Court Rule 2100 states that financial declaration forms are to be filed within 45 days of the divorce being filed. My ex for some unknown reason is immune from this rule, and although I brought this law up at a September 2008 hearing, my ex still has not supplied the court with any financial records.

I cannot afford an attorney...and my ex has 100% of the marital assets= I have no access to any money to hire an attorney.

At the November 24, 2008 provisional order hearing [I don't even have a provisional order eighteen months into this divorce], my ex's attorney requested that I be removed from the marital home and that my maintenance be halted= they are requesting that I be put out on the street= no property settlement for me and my ex gets all my belonings that are in the house.

The Judge must think that it is a valid request to throw me out on the street with nothing but the clothes on my back, because he has been considering this request for the past three weeks and has not yet issued a ruling.

I tried the best to represent myself in court at the November 24th court hearing. For instance, my ex took the stand and under direct examination stated that he did not have any paycheck stubs for 2008 and then claimed that he was making only $500 a week.

On cross examination, I submitted the deposit slips from the joint checking account which my ex weakly deposits my maintenance check into. The deposit slips showed that my ex was deducting the maintenance deposit from his payroll checks which averaged between $1300- $1600 a week= quite a difference from the $500 he claimed.

However, the Judge is sitll considering throwing me out on the street!!!!!!!!

Question: is there anyway I can prevent this? Will I be able to fight this, or will they just have a sheriff deputy come to my home and remove me from the marital home?

Terrified of being homeless and disgusted at the Porter County Indiana divorce court system.
 


mistoffolees

Senior Member
You need to get an attorney. Make a bunch of phone calls - you can probably find one who will petition the court to be paid from marital assets.
 

sur5er1998

Junior Member
Thank you for your response. I have made numerous phone calls to attorneys, but no one wants to represent me, because they do not want to go up against my ex's attorney.
 

LdiJ

Senior Member
Thank you for your response. I have made numerous phone calls to attorneys, but no one wants to represent me, because they do not want to go up against my ex's attorney.
Then get someone from an adjacent county. It will cost a bit more in travel time/expenses but they are unlikely to be afraid to go up against your ex's attorney. Borrow money from family if you have to.

Also, get your belongings out of the marital home. Its inevitable that you are going to have to move out. You cannot pay for the mortgage yourself. Even the best attorney in the world won't get you enough maintenance for you to be able to remain there, and you stated that you wish to move to MI anyway. So be smart and get your stuff out. Borrow money for a storage unit if necessary.
 

mistoffolees

Senior Member
Thank you for your response. I have made numerous phone calls to attorneys, but no one wants to represent me, because they do not want to go up against my ex's attorney.
That doesn't sound very likely. I've never seen a situation where EVERY attorney refused to go against a given attorney. In fact, I suspect that it would be a violation of their code of ethics to refuse to represent you because of who your stbx has representing him (unless there's a legitimate conflict of interest, of course).

Call some more - and reconsider the way you're asking them to represent you. It may be the way you're approaching them.
 

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