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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 11-19-2016, 04:08 PM
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Quote:
Originally Posted by Links17 View Post
The problem is you weren't planning this months ahead with your friends egging you and helping you setup your ex to screw up.

Getting a job was the dumbest thing you could do. Rule #1 about SAHP after divorce, act completely useless to get maximal spousal support. Talk about being out of the workforce, state of mind, betrayal etc... If you had a nervous breakdown because she cheated on you and were unable to get a job she would be responsible to pay you.... YES - I have read cases where that's worked.

Please get a lawyer, there is no time to explain to you how things work. Hire the lawyer JUST to get you get an emergency motion to get you child support, spousal support, back in the house and exclusive possession.
(I NEVER suggest to people to get a lawyer but at this point, time is of the essence)

If the lawyer can't/won't doesn't think it is possible then get ready to play the long game.
Totally agree, find a lawyer somehow just to get the emergency motion going quickly and get some good advice. Borrow some money if you have to somehow, sell something. Don't get depressed and procrastinate browsing the internet at this particular stage!
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  #12 (permalink)  
Old 11-20-2016, 10:29 AM
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I will answer the additional questions soon I promise. Thanks so much for the advice so far, I'm in a bit of a panic is why I didn't respond yesterday, or have time to respond to the bulk right now, but I will as soon as I get a chance.

Yesterday I got served with an EPO against communication with all 3 of my children, as well as my mother in law. No details, but I can get the transcript on Monday. Court is in 3 days. There is no way I will have a lawyer in this short time for the EPO court date so I am trying to pool all the evidence I can. Does anyone have any advice on what I can do before? I will be picking up the transcript Monday, that gives me Tuesday to write my affidavit and submit my evidence before the court date on Wednesday. I have never represented myself. Do I quote caselaw? Is this just a rebuttal to the EPO? Can I counter with anything custody related or an EPO of my own because this is damaging behaviour for my children to be exposed too? Please help.

I will reaffirm. There have never been police at my residence, there has never been any form of violence. There is no history of anything. I don't even know where these are coming from until I get the transcripts on Monday.
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  #13 (permalink)  
Old 11-20-2016, 10:42 AM
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Can I bring up the ourfamilywizard at this date? As a form of communication? I'm certain the EPO will get thrown out based on the fact they have no evidence. So with that being thrown out, the no contact with my wife will still be in place until the January court date, but not my children - so does the ourfamilywizard because it's a court tracked service allow me to communicate with her?
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  #14 (permalink)  
Old 11-20-2016, 11:12 AM
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You are giving us next to no information.

I believe you can indeed get a lawyer (if you can pay for one you can hire one). Just call around Monday morning to some of the larger firms. Often larger firms have a 24-hr service as well where you can leave a message and a lawyer or paralegal will return your call. Failing that you can certainly go to a family law centre (in courthouse) and get some answers to your questions.

This could be a critically important stage which very well may have a huge impact on your future litigation. Therefore, I would recommend that you get legal counsel ASAP.
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  #15 (permalink)  
Old 11-20-2016, 11:18 AM
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You need a lawyer. Your situation is far too complex and urgent for you.

There are lawyers who will take matters on short notice.
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  #16 (permalink)  
Old 11-20-2016, 11:21 AM
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You can't say they have no evidence for the EPO. Your wife's affidavit is evidence, even if its full of lies. Credibility comes later unless you can directlt refute it.
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  #17 (permalink)  
Old 11-20-2016, 11:34 AM
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I am trying to answer all of the questions I am just overwhelmed I'm sorry I thought I hit them all. To answer back to one of yours Arabian, the timeline is this all happened in the last 20 days. I can private message a detailed version to anyone who is curious I am just weary to post it on here for identification reasons.

No issues before this. I don't have her story yet as I am waiting on documents from the courthouse, but I will have the details of her affidavit tomorrow morning.

A lawyer isn't an option. I have no funds. I have had to move and set up for my children the last 20 days. I cannot get a lawyer at this point.
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  #18 (permalink)  
Old 11-20-2016, 11:36 AM
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No real propery? Loan? Credit card?

You are going to be in a lot of trouble if you go it alone.
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  #19 (permalink)  
Old 11-20-2016, 11:45 AM
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Everything is owned or tied to her family..
This time last month I was a stay at home dad.
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  #20 (permalink)  
Old 11-20-2016, 11:53 AM
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If there is real property at issue some lawyers might take your case on a deferred fee basis.
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