Asked 1/1/2008
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Can I move home Am separated from husband for 15 months in process of divorce He refuses to pay alimony. I cannot pay my bills. Can I return to home jointly owned by both of us. He has changed the locks. Is it legal for me to break in? |
Answer 1/4 - Submitted 1/1/2008
If the alimony payment has been court ordered, he is in contempt of a direct order from the court, and could possibly face jail time. Before you turn into a cat-burgler, you may want to check on that option first. Why would you want to move back into a home occupied by someone you felt you could no longer live with? Personally, I would do everything in my power to keep that from being my only option. I would be in my attorney's ear constantly about how important it is to do everything possible to speed up the divorce process. If you find it necessary to crawl in the bathroom window, I encourage you to make time to watch the movie "The War of the Roses". You may find it quite enlightening! Good Luck!
Answer 2/4 - Submitted 1/1/2008
If the alimony payment has been court ordered, he is in contempt of a direct order from the court, and could possibly face jail time. Before you turn into a cat-burgler, you may want to check on that option first. Why would you want to move back into a home occupied by someone you felt you could no longer live with? Personally, I would do everything in my power to keep that from being my only option. I would be in my attorney's ear constantly about how important it is to do everything possible to speed up the divorce process. If you find it necessary to crawl in the bathroom window, I encourage you to make time to watch the movie "The War of the Roses". You may find it quite enlightening! Good Luck!
Answer 3/4 - Submitted 12/29/2009
Answer 4/4 - Submitted 12/30/2009
I cannot provide a solid legal answer without knowing where you are in the divorce process. Is there a property settlement? has alimony been awarded? why has this drug out for 15 months? If you have any court orders for alimony etc; you need to have your attorney file a "show cause" motion; a show cause motion will direct the non paying spouse , in contempt of court, to appear before the court and show cause why he should not be jailed for contempt of a court order. Why is your attorney not on top of this problem?
If all else fails you can motion the court for a garnishment or seizure of his property.
as far as going into the home; i cannot advise you without knowing what your orders state.
Since this question is 2 years old, i would be interested in what finally happened
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