Q: If a property settlement was done when separation papers were signed but no divorce ever happened and they reconciled
Reconciled in 99, 2 years after separating.....now he's spending nights with another woman. I've been back in the home I signed over to him for 10 year's. He has always cheated but now he's being mentally abusing to me, and our 15 year old granddaughter that lives with us and has since she was 3. I left because of another woman......i refuse to leave now for the same reason. He falsely accuses me of doing what he does.
What recourse do I have now???
A: If your separation agreement and property settlement agreement were properly drafted and executed, there should be a clause that addresses what happens in the event of reconciliation. Typically that clause will state that the agreement shall remain in effect. If so, you should still have the same deal you both agreed to as when you first separated. Your best bet is to consult with a local family law attorney who can review the documents and your current situation in detail and lay out your options for you. Best of luck.
A: It really depends on the language of the Separation Agreement. It may be possible for you to get a Divorce From Bed and Board, which would require him to leave the house. Consult with a local family law attorney about all of the specifics in your case, to come up with the best plan of action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.