seekintennessee
Junior Member
What is the name of your state (only U.S. law)? Tennessee
My story is long and involves too much drama...so I'll just shorten it for now.
My husband had an affair, told me he wanted the house and then allowed me to have a prepaid american express in his name (containing approx 4K) to move out of the marital home and back to my home state. I agreed, took the card, sent 3500 to my sister via paypal to find me a home in my home state and left a few weeks later. Much drama through email persisted...however he filed for divorce in July and an mda, giving him the house, was sent to me by regular mail. It did not contain an agreement on a joint loan that my ex had agreed to take over and ex's attorney said he would send me letterhead stating it would be in the final decree. I held off a few days before signing the mda waiting for the letterhead to arrive. Three days later, while waiting, I received an email from paypal. The ex (thinking the mda had been signed) had disputed my charges with american express, which were made over 3 months prior, and my sister's account was deducted 3500 and frozen.
Through email, the ex stated that it was all of course my fault, and demanded that I send him $775 and sign the mda as it stood and he would cancel the charges of unauthorized use against me. I had no money to send him. I have no money for an attorney.
I instead filed an answer to his complaint for divorce pro se, denying that he should be entitled to retain the home, filing as grounds that he had committed adultery or in the alternative, irreconcilable differences. I also included an affirmative defense asking that his complaint for divorce be dismissed due to acts of coercion, by demanding that the agreement be signed without answer in order to have charges against me dropped and monies restored. I also filed a counter-complaint, asked for equitable distribution of the home and property and asked the the court hear proof regarding the matter surrounding the card. Today I received an answer from him, denying the matter surrounding the credit card, denying that the house should be equitably divided and then moving the court to require that I file a more definite statement in regards to my grounds for divorce. Adultery. Easily proven...
His attorney asked that my complaint be dismissed and that I be billed attorneys fees.
What do I do now? I likely need a judge to see proof regarding emails discussing my authorized use of the card and his coercion...I just want this to be behind me and not being able to afford an attorney is my downfall. Is there a motion or hearing I can file to get this in front of a judge? Can I call his attorney regarding the credit card matter?
My story is long and involves too much drama...so I'll just shorten it for now.
My husband had an affair, told me he wanted the house and then allowed me to have a prepaid american express in his name (containing approx 4K) to move out of the marital home and back to my home state. I agreed, took the card, sent 3500 to my sister via paypal to find me a home in my home state and left a few weeks later. Much drama through email persisted...however he filed for divorce in July and an mda, giving him the house, was sent to me by regular mail. It did not contain an agreement on a joint loan that my ex had agreed to take over and ex's attorney said he would send me letterhead stating it would be in the final decree. I held off a few days before signing the mda waiting for the letterhead to arrive. Three days later, while waiting, I received an email from paypal. The ex (thinking the mda had been signed) had disputed my charges with american express, which were made over 3 months prior, and my sister's account was deducted 3500 and frozen.
Through email, the ex stated that it was all of course my fault, and demanded that I send him $775 and sign the mda as it stood and he would cancel the charges of unauthorized use against me. I had no money to send him. I have no money for an attorney.
I instead filed an answer to his complaint for divorce pro se, denying that he should be entitled to retain the home, filing as grounds that he had committed adultery or in the alternative, irreconcilable differences. I also included an affirmative defense asking that his complaint for divorce be dismissed due to acts of coercion, by demanding that the agreement be signed without answer in order to have charges against me dropped and monies restored. I also filed a counter-complaint, asked for equitable distribution of the home and property and asked the the court hear proof regarding the matter surrounding the card. Today I received an answer from him, denying the matter surrounding the credit card, denying that the house should be equitably divided and then moving the court to require that I file a more definite statement in regards to my grounds for divorce. Adultery. Easily proven...
His attorney asked that my complaint be dismissed and that I be billed attorneys fees.
What do I do now? I likely need a judge to see proof regarding emails discussing my authorized use of the card and his coercion...I just want this to be behind me and not being able to afford an attorney is my downfall. Is there a motion or hearing I can file to get this in front of a judge? Can I call his attorney regarding the credit card matter?