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  1. #1
    Join Date
    Apr 2011
    Posts
    12

    Default Soon-To-Be Divorced Husband's Rights

    My question involves a marriage in the state of: Mississippi


    Hi again: I have a brother who is going through a divorce. He and his wife were married in Mississippi, but moved to Louisiana shortly after. The actual reasons have not been exposed to us, his family, but we(as well as he), are under the assumption that his wife is or was having an extra-marital affair. They have been married since 1992. My brother came to us in May 2009, baggage in tow, informing us that his wife wants a divorce, and had him kicked out of his own house. He was, at the time, unemployed, but receiving unemployment. Before he started having money problems, he was the bread-winner in their home. His wife worked and made a decent living. However, it was his salary of $100,000 (maybe a little more) that made his family comfortable, no doubt. They have 3 children, 2 biologically his, and the oldest daughter, he adopted because when he met his wife, she was a couple of months pregnant and the biological father was never around, he also terminated his parental rights so that my brother could adopt her child as his own.


    In 2009, he came to us, sharing the fact that he was kicked out of his own house by a constable or sheriff, I don't remember which. I want to know why was he ordered to leave? He said they hadn't been to court at that point, and he assumed that it had to have been someone who she knew with the authorities. My brother never put up a fight, to my knowledge, stating to his wife that he was not going to leave. Since they have been seperated, he said that his wife had to downgrade her lifestyle, for instance, she had a brand new white GMC Acadia SUV, but had to later trade it for something cheaper due to their seperation, which resulted in her getting a Chevy Trailblazer.


    My brother says that although his wife had to get a second job after he left, he said he still would always ask her if there was anything he could help her with when it came to the bills, especially the mortgage. She would always decline. (BTW: During their seperation, my brother was working temporarily for FEMA, but is now a full-time employee) He's assuming that the reason why his wife is declining his help is because he said that when the court date arrives, she can tell the judge that she had to pay the bills on her own with no help from my brother, when she knew damn that he asked to help her. I don't know if he has proof of her cheating, or if he even wants to go there because he's accepted the truth of his failed marriage and would just like to move on with his life without all of the unneccesary drama.

    With all of that being said (You all should know by now that I'm very long-winded! But I just like to tell the entire story so I won't receive partial answers.), I just want to know what rights does my brother have? If they sell their house they used to share, will he receive half of the check off of the house? If he can prove that his wife is or was cheating while still married, will that increase his chances of not being reamed by the judge? Lastly, is it really true that a constable can ask you to leave your own house without a court order, employed or not? I feel that just because he lost a job and was unemployed for a while doesn't mean in my opinion, that he had to be the one to leave. If it was not settled in court for him to leave, is that action then considered illegal?

    So SO sorry for the book-again

    Please let me know what options he may have concerning this.

    Thanks!

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Soon-To-Be Divorced Husband's Rights

    The sheriff or constable would only remove him from the marital residence if there were a restraining order granting her exclusive use of said residence.

    Presenting his argument in the best possible manner is the best way to answer the petition, attacking specific sections with relevant facts that support your argument. A good divorce attorney can be a big help.

  3. #3
    Join Date
    Apr 2011
    Posts
    12

    Default Re: Soon-To-Be Divorced Husband's Rights

    Ok. Thanks so much. My brother just got an apartment in a different state than I, but we communicate very often. He's a very smart and intelligent individual, so I'm sure he may have already retained an attorney. I just don't want him to get screwed out of a home he and his wife and family shared for almost 20 years, just because his wife wants to act an ass. I feel it's OK if she doesn't want him anymore. But she just doesn't need to try and clean him out financially out of spite.

    And no, to my knowledge, there was no restraining order. He told us that his wife told him that she wanted a divorce, and then she stopped talking to him altogether while living under the same roof. That's fine, but he's never told us about any restraining order-I really believe that his wife knew a couple of people or something to get my brother out of their home. And I definitely understand as well what it feels like to live under the same roof with someone you can't stand-so I could understand him having no problem to leave-if only she would have maybe asked instead of getting nasty about it.

    Thanks so much again

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