need advice on what to do

[tgit]

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

I am in divorce proceedings with my (soon to be) ex husband. He keeps dragging things out. OUr last court hearing, we sat with our lawyers and agreed on certain things, and now he has changed his mind and is asking for more than what we orignially agreed. We even had agreed on child custody issues and placement and now he wants shared custody. I feel like I can never catch a break and that I am a sitting duck having to take whatever he dishes out. I stand to lose my home as well which was purchased pre-marital. Need some advice as to what I can do to protect my rights and my child. There has been domestic violence in the past, but, court won't do anything saying it wasnt recent enough. My lawyer seems to be just sitting by and not counseling me.

 

[Ohiogal]

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

I am in divorce proceedings with my (soon to be) ex husband. He keeps dragging things out. OUr last court hearing, we sat with our lawyers and agreed on certain things, and now he has changed his mind and is asking for more than what we orignially agreed. We even had agreed on child custody issues and placement and now he wants shared custody. I feel like I can never catch a break and that I am a sitting duck having to take whatever he dishes out. I stand to lose my home as well which was purchased pre-marital. Need some advice as to what I can do to protect my rights and my child. There has been domestic violence in the past, but, court won't do anything saying it wasnt recent enough. My lawyer seems to be just sitting by and not counseling me.

Apparently you stayed with him after the DV you allege occurred. Mediation is NOT binding Shared custody is the norm in many states. What type of break do you want? Do you just want him to give you everything you demand? Take him to trial. Why do you stand to lose your home? He is entitled to have half the MARITAL equity from it.

 

[tgit]

Actually, I have not demanded anything from him. He has been very demanding in all this. Has offered up none of his assets and only claims to have liabilities. We agreed on a portion of a proposal and now he is changing his mind again. He broke into my home several months ago and took things of value, and left me with nothing sellable for any kind of real profit. I did file a report with the police who did nothng saying it was a civil matter. Those items he took when he broke in, he is allowed to keep, and HE states they are only worth a couple hundred dollars. I am frustrated because he seems to be running railroad right over me and I am taken to task to get appraisals on things I own like my house and car. The only things I have of any value. We are now having a GAL appointed to our minor child.

 

[latigo]

Actually, I have not demanded anything from him. He has been very demanding in all this. Has offered up none of his assets and only claims to have liabilities. We agreed on a portion of a proposal and now he is changing his mind again. He broke into my home several months ago and took things of value, and left me with nothing sellable for any kind of real profit. I did file a report with the police who did nothng saying it was a civil matter. Those items he took when he broke in, he is allowed to keep, and HE states they are only worth a couple hundred dollars. I am frustrated because he seems to be running railroad right over me and I am taken to task to get appraisals on things I own like my house and car. The only things I have of any value. We are now having a GAL appointed to our minor child.

You need to fire and replace your current divorce lawyer, post haste! This dead ass flake is obviously not protecting your interests.

Isn’t there some standing divorce order in place or a TRO preventing the husband from dissipating assets, breaking into your home, maintaining the status quo, etc., etc.? And if so, why hasn’t he been cited for contempt. And if no such orders exist, why haven’t they been sought?

Has you lawyer explained that consequences Wisconsin’s marital property laws have with respect to your individual property? That is that, that in order for you husband to claim a marital property interest in your individual property he must prove that it has substantially appreciated in value. And not because of market conditions, but solely to the extent that the appreciated value is attributable to the uncompensated, substantial effort of either spouse.

Has your attorney explained to you the difficulty the husband will have in establishing the market value of that property at the time of the marriage as a base line to determine the presence of a marital property interest? And that he bears that full burden of proof and that the court will not accepted speculation as to those respective values?

These are some of a few of the things that you need to be made aware of. And if not aware, then you’d better heads up with better professional representation.

Good luck

 

[nextwife]

Was the home refinanced into both of your names during the marriage? Was he added to title?