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happynotbitter

Junior Member
What is the name of your state?.What is the name of your state? Pa

I have been/lived with shawn for almost 8 years, we got married in 2002 , from the start there was domestic violence, I have had 2 pfa's on him, he broke them and was rearrested and got told not to break it again , in sept of 2003 he decided he wanted to leave so while getting his stuff he punched me in the face and the police helped me get another pfa, he also filed for divorce the end of sept 2003 and closed all the bank accounts, in dec of 2003, he contacted me and said that since he was paying the house payment that I needed to either move or strike a deal that gave him rights to me , I made a deal with him in order to keep a roof over me and the kids heads (yes I am ashamed) anyways he filed for bankruptcy in march of 2004, I went with him, he told the lawyer me and the kids reside there and he lived with his relatives but we are still a couple just not living together, he also then said all the items in the house are mine and that he has nothing but the clothes on his back, well in august of 2005 he threatened to hurt our daughter so I ended all ties with him, in october he called and asked me to pay the morgage since I would not do my wifely duties as payment, I said I would pay half since I pay all the utilities , I said give me the address of the morgage company, he said no and got real mad. he has issues with money and I would never hand him money cause all he would do is go to the bar, well he got mad and I said shawn if you want me out pay my first months rent and moving and I would be happy to move, he said fine I had till june to save to get a place, well last month I got a letter of eviction from his attorney along with divorce paper (even though he filed in sept 2003 I never recieved papers) shawn also stated that his lawyer said he knows me and I am a bitch and won't go wiith a non fault divorce , and yes his lawyer does know me cause he was my lawyer 10years ago when I had to file 2 different pfa's against my sons dad (different man) to me thats conflict of interest, thats what I want to know can he use this attorney and can he evict me since we are still married

oh and I am not sure if he can use the divorce file from 2003 because of this


IF A COUPLE SEPARATES PENDING A NO-FAULT DIVORCE, ARE THEY ALLOWED TO DATE EACH OTHER DURING THE SEPARATION PERIOD?

On the summons, please read (usually on the reverse side) whether there are "automatic" stay away orders. If there are such orders, and the kids are discovered to have been "dating", then the court is going to look upon the filing as a "sham" (that is, there is no present intent to be separated) and will not grant the divorce.

As a matter of fact, the court could issue monetary sanctions for having violated the "stay away" order. "Separation" within the meaning of most States' laws requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage, and their conduct evidences a complete and final break in the marital relationship
 


LdiJ

Senior Member
happynotbitter said:
What is the name of your state?.What is the name of your state? Pa

I have been/lived with shawn for almost 8 years, we got married in 2002 , from the start there was domestic violence, I have had 2 pfa's on him, he broke them and was rearrested and got told not to break it again , in sept of 2003 he decided he wanted to leave so while getting his stuff he punched me in the face and the police helped me get another pfa, he also filed for divorce the end of sept 2003 and closed all the bank accounts, in dec of 2003, he contacted me and said that since he was paying the house payment that I needed to either move or strike a deal that gave him rights to me , I made a deal with him in order to keep a roof over me and the kids heads (yes I am ashamed) anyways he filed for bankruptcy in march of 2004, I went with him, he told the lawyer me and the kids reside there and he lived with his relatives but we are still a couple just not living together, he also then said all the items in the house are mine and that he has nothing but the clothes on his back, well in august of 2005 he threatened to hurt our daughter so I ended all ties with him, in october he called and asked me to pay the morgage since I would not do my wifely duties as payment, I said I would pay half since I pay all the utilities , I said give me the address of the morgage company, he said no and got real mad. he has issues with money and I would never hand him money cause all he would do is go to the bar, well he got mad and I said shawn if you want me out pay my first months rent and moving and I would be happy to move, he said fine I had till june to save to get a place, well last month I got a letter of eviction from his attorney along with divorce paper (even though he filed in sept 2003 I never recieved papers) shawn also stated that his lawyer said he knows me and I am a bitch and won't go wiith a non fault divorce , and yes his lawyer does know me cause he was my lawyer 10years ago when I had to file 2 different pfa's against my sons dad (different man) to me thats conflict of interest, thats what I want to know can he use this attorney and can he evict me since we are still married

oh and I am not sure if he can use the divorce file from 2003 because of this


IF A COUPLE SEPARATES PENDING A NO-FAULT DIVORCE, ARE THEY ALLOWED TO DATE EACH OTHER DURING THE SEPARATION PERIOD?

On the summons, please read (usually on the reverse side) whether there are "automatic" stay away orders. If there are such orders, and the kids are discovered to have been "dating", then the court is going to look upon the filing as a "sham" (that is, there is no present intent to be separated) and will not grant the divorce.

As a matter of fact, the court could issue monetary sanctions for having violated the "stay away" order. "Separation" within the meaning of most States' laws requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage, and their conduct evidences a complete and final break in the marital relationship
Whew.........

Yes if his attorney represented you in the past then its a definite "conflict of interest" for the attorney to represent HIM now.

Hopefully you have an attorney and will inform your attorney of that so that it will be handled.

As far as the house is concerned, who's name(s) are on the deed? If its soley his property he may be able to evict you....eventually....but certainly not while you are still married. Don't move out until a judge says you have to move out...but start saving serious money now for your own place. If you both own it you may be able to keep the house if you can buy him out.

It sounds like you seriously need to make better choices regarding the men you let into your life.
 

happynotbitter

Junior Member
the house is in his name, his attorney said he will send me a summons to go to the district justice for eviction if I am not out of the house by feb 15, can he do that or does it have to go before a judge as part of the divorce, someone said his lawyer is trying to scare me

now who do I contact about this conflict of interest, my ex said he can use that attorney because when I had mr adams as my attorney it was for a different person and case, I can not afford an attorney, all the money I have goes to pay bills
 

LdiJ

Senior Member
happynotbitter said:
the house is in his name, his attorney said he will send me a summons to go to the district justice for eviction if I am not out of the house by feb 15, can he do that or does it have to go before a judge as part of the divorce, someone said his lawyer is trying to scare me

now who do I contact about this conflict of interest, my ex said he can use that attorney because when I had mr adams as my attorney it was for a different person and case, I can not afford an attorney, all the money I have goes to pay bills
Hon, you need to get help from family or someone to hire an attorney...unless you can move straight out and just give up on any share of the house that you might be entitled to recieve. Your situation isn't simple.

Try contacting "legal aid" in your area. You might qualify.
 

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