Need Legal Advice Quickly

[brightstar38]

What is the name of your state (only U.S. law)? Georgia
I have a Military Protective Order on my husband. He filed for a divorce on Sept 2nd Friday and I was served at the court house while getting a temp restraining order. When my husband he took all his personal property out of the house and put it in a storage unit and he is staying on base. He also took all our money out of our joint account. Which I was unemployed at the time. He opened up 2 new accounts which I have no access to and he is not supporting me at all. He is military and I was told that I was suppose to receive part of his BHA which the entire amount is $1300 because I have a child but not with him. They told me that my portion is $800.00 but since I am living in our house he doesn't not have to help me at all with any of the bill since I live their rent free. I told his 1st Serg that he is not paying the mortage of $1225.00 and he my husband told me he was going to foreclose on our house. My husband is pocketing the entire $1,300 and I told the sgt and he told me he can do whatever he wants with it and he doesn't have to pay the mortage because that is his business and I get to live their for free. He has no obligation to have to pay for the electric or water etc. Anything. He told me if I move out of the house I am entitle to $800.00 which makes no sense to me. If he is not paying the mortage and keeping the $1300 then how is he not responsible for paying the bills and helping his family out. I was told by the Chaplin that a soldier obligation are if he is still legally married the wife and kids get the entire BHA and he is living on base free with no bills. I keep getting the run around from his bosses and they won't help me. I have no money for a lawyer and do not want a divorce at all. I could be possible pregnant as well. I need to get some answers to what I need to do. I just got a new job but can't take any work off for the first month of employment because i will be getting evaluated for the first 30days and if I do well I will get a good raise so I can't seek any legal adivce as well. I need to know if I don't have a lawyer right now cause I can't afford one can my husband still get the divorce or do they have to wait till I get the money to do so? Plus I don't want a divorce. My husband needs help. I don't even know what my rights are. It might be a long while before I can get help and I don't know if the judge with allow me to wait so I can get a lawyer because their is no way I am getting a divorce or agreeing to anything without a lawyer of my own. I would appreciate any help or direction I need to take. Also my husband has threaten to repo my car and it is in his name and so is our house. I need my car to get to work and I can't afford the payments on this car and need to get one in time that I can afford. Can he repo my car?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Georgia
I have a Military Protective Order on my husband. He filed for a divorce on Sept 2nd Friday and I was served at the court house while getting a temp restraining order. When my husband he took all his personal property out of the house and put it in a storage unit and he is staying on base. He also took all our money out of our joint account. Which I was unemployed at the time. He opened up 2 new accounts which I have no access to and he is not supporting me at all. He is military and I was told that I was suppose to receive part of his BHA which the entire amount is $1300 because I have a child but not with him. They told me that my portion is $800.00 but since I am living in our house he doesn't not have to help me at all with any of the bill since I live their rent free. I told his 1st Serg that he is not paying the mortage of $1225.00 and he my husband told me he was going to foreclose on our house. My husband is pocketing the entire $1,300 and I told the sgt and he told me he can do whatever he wants with it and he doesn't have to pay the mortage because that is his business and I get to live their for free. He has no obligation to have to pay for the electric or water etc. Anything. He told me if I move out of the house I am entitle to $800.00 which makes no sense to me. If he is not paying the mortage and keeping the $1300 then how is he not responsible for paying the bills and helping his family out. I was told by the Chaplin that a soldier obligation are if he is still legally married the wife and kids get the entire BHA and he is living on base free with no bills. I keep getting the run around from his bosses and they won't help me. I have no money for a lawyer and do not want a divorce at all. I could be possible pregnant as well. I need to get some answers to what I need to do. I just got a new job but can't take any work off for the first month of employment because i will be getting evaluated for the first 30days and if I do well I will get a good raise so I can't seek any legal adivce as well. I need to know if I don't have a lawyer right now cause I can't afford one can my husband still get the divorce or do they have to wait till I get the money to do so? Plus I don't want a divorce. My husband needs help. I don't even know what my rights are. It might be a long while before I can get help and I don't know if the judge with allow me to wait so I can get a lawyer because their is no way I am getting a divorce or agreeing to anything without a lawyer of my own. I would appreciate any help or direction I need to take. Also my husband has threaten to repo my car and it is in his name and so is our house. I need my car to get to work and I can't afford the payments on this car and need to get one in time that I can afford. Can he repo my car?

First, I don't think you're getting the full story from the sergeant. Talk to the base commander, JAG or, at least, an officer.

As for the rest, you're going to need to get a job and start supporting yourself. While it's true that your husband is going to have to provide SOME money for a while, it's not going to last forever and probably won't be enough to raise a child on.

 

[OHRoadwarrior]

So you want to get access to all his government benefits, his pay and you don't want him near you. WOW, Talk about dreaming a dream.

 

[LdiJ]

So you want to get access to all his government benefits, his pay and you don't want him near you. WOW, Talk about dreaming a dream.

No, she wants the spousal portion of his BAH, which he is ONLY receiving because he is married. She isn't asking for any of his pay.

 

[OHRoadwarrior]

But she doesn't want a divorce. She just wants hubby to pay for her house and bills, while being under a restraining order. Since that didn't work, she will settle for trying to make him pay for the house. I suspect those officers involved are aware of the situation and are accordingly being obstructive.

 

[mistoffolees]

But she doesn't want a divorce. She just wants hubby to pay for her house and bills, while being under a restraining order. Since that didn't work, she will settle for trying to make him pay for the house. I suspect those officers involved are aware of the situation and are accordingly being obstructive.

That may be, but military rules are somewhat different than the rest of us face.

The military requires that he support his family at some level. The fact that there's a restraining order against him is not justification for letting his child be homeless and starve.

Now, OP needs to get a job - pronto, but that doesn't absolve hubby from his obligations.

military spouse and family support requirements, army child support

 

[I'mTheFather]

OP does have a job, and she isn't opposed to a divorce. She stated that she wants her own lawyer before the divorce can proceed, but can't afford one now. Unfortunately, court isn't going to wait while she saves up for one.

 

[st-kitts]

But she doesn't want a divorce. She just wants hubby to pay for her house and bills, while being under a restraining order. Since that didn't work, she will settle for trying to make him pay for the house. I suspect those officers involved are aware of the situation and are accordingly being obstructive.

Probably not. The rules for issue of a military protective order are somewhat different than civilian orders. An officer had to believe OP's husband had committed an offense triable by court martial to issue the order. So, OP's husband committed some offense against OP, which OP "forgives" but is still afraid of on some level.