remaining in home

[brs]

What is the name of your state? Connecticut

The case managment date for our divorce is September 28. If we sign a a marital settlement AND the house goes on the market by the case management date that would mean me and my STBE would be living in our house together until the house sold and we closed as a divorced couple. Not only that, but it was suggested that child support and alimony be delayed until we sold the house.

I told my lawyer this does not make any sense to me. Is this common practice for divorced couples to remain living together? If I moved out, could my husband reneg or refuse to sell the house? Could he submit a motion to remain in the house post-divorce?

My husband refuses to move out. I am afraid to move out because I do not trust him to keep the house in "selling" condition nor to not use it to keep the house and try to renegotiate custody. He has told me several times in the past that if I ever divorced him he would say and do what he had to to get the children from me.

brs

[Silverplum]

Originally Posted by brs

What is the name of your state? Connecticut
The case managment date for our divorce is September 28. If we sign a a marital settlement AND the house goes on the market by the case management date that would mean me and my STBE would be living in our house together until the house sold and we closed as a divorced couple. Not only that, but it was suggested that child support and alimony be delayed until we sold the house.

I told my lawyer this does not make any sense to me. Is this common practice for divorced couples to remain living together? If I moved out, could my husband reneg or refuse to sell the house? Could he submit a motion to remain in the house post-divorce?

My husband refuses to move out. I am afraid to move out because I do not trust him to keep the house in "selling" condition nor to not use it to keep the house and try to renegotiate custody.

Yes, you both can live there. Given your attitudes, I imagine you will. It happens.

Originally Posted by brs

He has told me several times in the past that if I ever divorced him he would say and do what he had to to get the children from me.

And you will, too. Irrelevant.

[brs]

Hmmm, interesting responses.

I would love to move out, just want to know what my rights are. My lawyer says we could file comtempt for any violation of the divorce decree but I would rather be proactive rather than put myself in a position where I have to go back to court when it could have been avoided or prevented. So, my thought is, iI would rather avoid ontempt charges,. What can I do to avoid that?

Regarding doing or saying anything to get custody of the children, for the record, I have told my STBE that I would not seek sole custody as that would not be in the best interest of the children. Nor have I sought sole custody. I am not the vindictive sort. Just looking to get out of a bad marriage but need to know how to protect myself in the process.

brs

[SHORTY LONG]

Originally Posted by brs

Hmmm, interesting responses.

I would love to move out, just want to know what my rights are. My lawyer says we could file comtempt for any violation of the divorce decree but I would rather be proactive rather than put myself in a position where I have to go back to court when it could have been avoided or prevented. So, my thought is, iI would rather avoid ontempt charges,. What can I do to avoid that?

Regarding doing or saying anything to get custody of the children, for the record, I have told my STBE that I would not seek sole custody as that would not be in the best interest of the children. Nor have I sought sole custody. I am not the vindictive sort. Just looking to get out of a bad marriage but need to know how to protect myself in the process.

brs

No one can make your own free willed choices; that is on you! If your are unsure on certain matters you should discuss them with your Attorney.

[Ohiogal]

Originally Posted by brs

Hmmm, interesting responses.

I would love to move out, just want to know what my rights are. My lawyer says we could file comtempt for any violation of the divorce decree but I would rather be proactive rather than put myself in a position where I have to go back to court when it could have been avoided or prevented. So, my thought is, iI would rather avoid ontempt charges,. What can I do to avoid that?

Regarding doing or saying anything to get custody of the children, for the record, I have told my STBE that I would not seek sole custody as that would not be in the best interest of the children. Nor have I sought sole custody. I am not the vindictive sort. Just looking to get out of a bad marriage but need to know how to protect myself in the process.

brs

No one can tell ou what to do to avoid having to file contempt against the other party. to avoid having contempt filed against you -- OBEY the court orders. Whether you can move out or not depends on how your court order is worded. If you are already divorced, you should have a shared parenting plan in place.