Could it possibly work to my advantage to have records of her saying she's is going to file for a dismissal over and over and it never happened?
This is the same "game" she played when we initially seperated back on 5/11. She filed domestic abuse charges and got a VPO.
Here's a quick timeline:
4/18 - she has an affair
5/11 - the affair was discovered via text messages on her phone bragging to a co-worker, she leaves the house and has me arrested on Domestic Abuse charges (which were false)
5/14 - after talking she claims she wants to drop the charges and vacate the VPO, and will do so "tomorrow"
5/16 - I am told she didn't have time but will go down "tomorrow"
5/21 - I am told there was a clerical error and she will have to go back down again and re-file (courthouse says they've never seen her... it's a SMALL TOWN)
5/24 - Am told by the courthouse that she picked up the forms, but never filed them. She spoke with the arresting officer on the courthouse steps and was talked out of it.
5/25 - she says she's asked the DA to drop charges and has vacated the VPO - courthouse says nothing filed
5/27 - my attorney spoke with D/A and was told nothing was requested - But the VPO has finally been vacated.
6/1 - she claimes it was a mix-up with paperwork from her attorney and will get it straightenend out
6/5 - my attorney checked with D/A again - D/A contacts her as asks directly if she wants to drop charges - she states "she has no intention of dropping charges or vacating anything"
6/9 - I am told again, by her, that she is going down to drop everything - never happens
6/15 - My attorney contacts her and says if she needs help dropping things, he's willing to meet her at the courthouse to help file everything, she agrees but never shows
6/25 - I am told she dropped everything "yesterday" - D/A contacted to verify and we are told, yet again, that she hasn't done anything - D/A is getting very miffed at their "client" by now and apparently calls her and tells her to either drop charges, or quit telling me she IS going to drop charges
6/26 - D/A contacts my attorney and says that he's "fed up" with his client and offers to drop charges on his own based on whats been going on if I will attend a 10 hour anger management class.
7/4 - She supplies me a notarized letter stating "she will not now or ever assist in my prosecution" - to be delivered to the D/A
7/23 - Charges are dismissed with costs
As you can see, there has been a back-and forth of her saying she's going to do something, but never doing it. My concern is that she's going to do the same thing with the divorce dismissal. So you're right, I definatley need to get an answer filed.
my question is this: if she's willing to jerk me around, as well as the courts, will this fact help my case at all? Of course she's asking for temporary alimony until the case is heard, but the truth she, she's left me with the house and all the bills. SHE moved out and I am struggling financially to keep the family afloat (I have three kids by a prev. wife that I am a full-time dad to)
She moved out on 5/11 as soon as she knew I was being detained and never moved back. She has been living on her own, paying her own bills this entire time and obviously isn't struggling (not to mention driving a vehicle that is titled in my name ALONE, and financed with an auto loan that is in my name ALONE)
So basically, I am paying for everything, she's living in an apartment with virtually no bills and I am flat-broke the day after payday trying to keep my head above water.
At some point, will the courts see the financial and emotional strain SHE is putting on me using the legal system as a pawn?