Recently filed for Divorce

[chrissybrn]

Arizona-I filed for divorce 4-10-01.My lawyer advised I stay in our home.I am the mother of our 4 year old daughter.
My husband retained a lawyer of his own and was also told to stay in our home.He will not move out even though he has many family living here.I have no family here. There is no physical abuse but lots of tension. I also have no privacy to speak on the phone as he is always home.I am a nervous wreck and need to get away from this controlling man.Does Arizona law dictate that he can stay here even if it is not in the best interest of our child and of course myself?

 

[I AM ALWAYS LIABLE]

My response:

Go to your Criminal Court building, and go to the "Window Clerk". Ask for the forms for a "Temporary Personal Protection Application and Order". Be very graphic about the abuse, and the dates of each occurrance. You'll then go in front of a judge, and be asked some questions, and then the Order should be granted. Have hubby served with the Order.

Then, he'll have to move out.

IAAL

 

[chrissybrn]

Divorce-Response to I am liable.

There has been no physical abuse over the past 8 years. However in my opinion and my therapists opinion, there has been much mental abuse. How do you document something that is so subjective? He denies any such abuse and is pretty good at hiding his verbal assaults except when we are alone. I feel trapped and my nerves are on edge.Does your advice still hold up in this instance as well?

 

[I AM ALWAYS LIABLE]

My response:

Yes.

Abuse, as you know, comes in many forms. That's why I never mentioned "physical" abuse. If you are feeling "abused", and a judge feels that such abuse warrants a Temporary Restraining Order, then one will be granted and issued. If not, then you're back to "square one" - - but, you'll never know unless you try.

Good luck to you.

IAAL

 

[liza47]

same boat

I really understand where you're coming from, we're in similar situation, my family and friends are thousands mile away, his are just blocks away...he says if he moved out expect zero money from him..my lawyer says we file for alimony and child support as soon aas he moves out....he's still home...I hope yyou keep us posted, I sure will need the advice as well. Thanks!

 

[chrissybrn]

Same Boat

Hi,
Thanks for responding. Even though my family is in Illinois while I live in Arizona, I talk with my sisters almost everyday for moral support. I also have so many wonderful friends who are showing how much they care by being supportive.I hope you have a good support system. If not, I'll be available for you if it helps.
My husband is very stubborn and refuses to move out of our home.Both of our Attorneys have advised us to remain in our home. I am moving into our spare room until things are settled or until it is necessary to take a different course of action(ie,protective order).My husband has agreed not to talk about the divorce when our daughter is present but I notice occasionally things come up especially concerning how he would like the finances settled. This, of course, leads to some type of confrontation and away we go.
My main goal is to keep our home environment neutral until we settle because of our 4 year old child.
I am not very good at arguing and become frustrated easily so I am learning to stay silent. Boy does that bother him.
I don't know how long I will be able to maintain this living arrangement but financially I'm strapped.
I feel for you and definately can say been there,done that.
Take care & best of luck.
Chrissybrn