couple questions b4 i talk to lawyer

[dumbagain]

What is the name of your state (only U.S. law)? Ohio

I might be filling for a divorce soon (hope to work it out but it don't look good)
No kids just a house in both our names. We both have steady careers.
She cheated on me whether that matters or not.

Can I fight for the house or is it a waste of time?
Would I have to pay out to.her her half?
Are there lawyers that just deal with financials?

If she happens to get pregnant would this change all the dynamics?

Also if you serve papers can they be cancelled if we come to an agreement quickly after?
Is there some kind of letter or such that could be used as a "eye opener" or"scare tactic"
That might make her change her mind; she's deathly afraid of me divorcing her.

Thanks. Please just need law advice not marital.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

I might be filling for a divorce soon (hope to work it out but it don't look good)
No kids just a house in both our names. We both have steady careers.
She cheated on me whether that matters or not.

Adultery doesn't really matter.

Can I fight for the house or is it a waste of time?
Would I have to pay out to.her her half?

Don't know if it is a waste of time. How much equity is in the house? How long have you owned the house? Yes, she is entitled to half the equity as are you.

Are there lawyers that just deal with financials?

Yes.

If she happens to get pregnant would this change all the dynamics?

You'd be a daddy if she gets pregnant. And it would stop the divorce until the child was born. Plus if you hadn't slept with her, you would or could file to disestablish paternity. All that lengthens the process.

Also if you serve papers can they be cancelled if we come to an agreement quickly after?

You can always put in a separation agreement.

Is there some kind of letter or such that could be used as a "eye opener" or"scare tactic"
That might make her change her mind; she's deathly afraid of me divorcing her.

Why? Do you want a divorce or not?

 

[dumbagain]

Only been in house for 1 year. It's worth as much as we bought it for.

Could u explain legal separation?
If we don't want to leave the house how would u decide who leaves?

Wife is stubborn n only extreme measures will keep us together.
It's complicated, I'm just trying to educate myself for future.

 

[Ohiogal]

Only been in house for 1 year. It's worth as much as we bought it for.

Could u explain legal separation?
If we don't want to leave the house how would u decide who leaves?

Wife is stubborn n only extreme measures will keep us together.
It's complicated, I'm just trying to educate myself for future.

Legal separation does EVERYTHING that a divorce does except end the marriage. A court will decide who leaves the house unless the two of you come to an agreement.

 

[mistoffolees]

A court will decide who leaves the house unless the two of you come to an agreement.

With a large part of that based on which of you can afford to keep the house by yourself (as well as paying the other person their share of the equity if there were any).

 

[dumbagain]

So if they rule that she stays she'd have to keep up on mortgage
and this a me at the same time ?

with divorce , what would become of a house if both if us want it?

 

[Bali Hai]

So if they rule that she stays she'd have to keep up on mortgage
and this a me at the same time ?

with divorce , what would become of a house if both if us want it?

I've seen it where the court could order you out of the home and order you to pay the mortgage and utilities.

You both can't have the house, sell it.

 

[LdiJ]

Only been in house for 1 year. It's worth as much as we bought it for.

Could u explain legal separation?
If we don't want to leave the house how would u decide who leaves?

Wife is stubborn n only extreme measures will keep us together.
It's complicated, I'm just trying to educate myself for future.

Who can qualify to refinance the mortgage to remove the other's name from the mortgage? Who can afford to make the mortgage payments on their own?

I suspect that neither one of you could do that, which means that the judge would most likely order that the home be sold.

 

[dmcc10880]

Sell the house or buy the wife out of her half of the equity in it.

Don't do a legal separation. Go straight to filing for divorce. Separation is a waste of time and money. It's titular. You can always stop the divorce process if you both reconcile.