Desertion And Cohabitation
Brief situational background. I live in Ohio, I have been served with complaint for divorce and currently writing my answer and counter-complaint.
In a couple of weeks I have motions hearing where I will have to object to plaintiff's motion for defacto termination date of marriage to be the date she left the marital residence.
My questions - Does desertion from the marital residence constitute breach of marital agreement if the seperation was not voluntary for both parties? Can an objection of the defacto termination date of marriage motion on the date of seperation be sustained if the seperation was not voluntary, and if so does the termination date of marriage then become the date of Motions Hearing?
In my answer I have written the following statement as assertion of defense (names removed for confidentiality)....
(b) The complaint fails to state that plaintiff has lived in cohabitation with So Andso since such-and-such-date. So Andso has failed two drug screens for employment, citing use of cocain on such-and-such-date. Defendant asserts this point that it may be a detrimental influence on above named minor children.
Is this information that the Magistrate or Judge will find relevant for the purpose of the case, or does it come across as me whining. It is my intent to keep the answer impartial and factual.
I know that "Someone that represents themselves in a court of law has a fool for a client," But for the moment I am unable to obtain legal representation (something that may change after the hearing). Any answers you provide will be of great assistance.
Thank you.
Re: Desertion And Cohabitation
Tell me the reasons you want to put all this stuff in your answer.
Re: Desertion And Cohabitation
The hope is to establish a defense which would grant me at the very least Joint Residential Custody.
Re: Desertion And Cohabitation
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The hope is to establish a defense which would grant me at the very least Joint Residential Custody.
Well, then put in every dirty thing you can think of!
Re: Desertion And Cohabitation
My intent is not to put in every dirty thing I can think of.
I have since put this statement in my counter complaint and revised the way it is written.
"So Andso failed a drug screen on two occasion for use of Cocain on Suchandsuchdate resulting in loss of employment. Counter-Plaintiff asserts that this point is relevant to the overall safety of the above mentioned minor children."
My point is to convey to the courts that I (Counter-Defendant), fear for the overall safety of my children.
I am making serious effort to not dredge up mud and make this an ugly issue, but that I am a concerned father.
Any opinions on this would be helpful.
Re: Desertion And Cohabitation
If you are a concerned father, who is concerned for the safety of your children, you should dredge up truckloads of mud, and make this as ugly as you need to, to get your kids in a safe environment.
That was an opinion, and not "legal' advice :)
Re: Desertion And Cohabitation