QUESTION

What should I do if he won’t sign the home modification unless I sign a paper saying that I won’t touch his pension and SSS when the time comes?

Asked on Nov 15th, 2012 on Divorce - Michigan
More details to this question:
In 2006, my husband was removed from the home due to domestic violence. This time he hit his son. I was abused for many years but when he hit his son, he cross the line. I live 24 years of being abused and battered. He had not returned and I inherited all the bills with raising two children. We bought the house in 2004 and he was removed since 2006. I have been paying the Mortgage all by myself with all the other expenses. I want to court in 2007 for child support but he was nowhere to be found. He works for The Iron works local 40 & 361 and makes three times more than me. I cannot afford a lawyer and make too much for legal aid. After researching, I have found that someone may work for me if a lawyer would help me to make him responsible for all the cost of the divorce. All I have is my home in which I wanted to modify but he won’t sign. I don’t want to lose my right. I need help or I will lose my home. He won’t divorce me unless I sign. What can you do for me? I’ve hit so many back walls that I don’t know what to do. Would you help me? His pension is worth more than my home. Find it in your heart to help me.
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6 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Well, you cannot force him to sign the modification papers, but you might be able to get mediation ordered and negotiate a deal with the bank in the foreclosure. You need to consult with a divorce lawyer, and many give free consultations. I do. But you will not get a good divorce lawyer for free, legal aid might be able to hook you up with an attorney for a reduced fee. What county are you in?
Answered on Nov 16th, 2012 at 6:41 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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If you want my help then you have to contact me.
Answered on Nov 16th, 2012 at 6:40 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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File a motion with the court for some assistance. If your spouse is not cooperating in good faith to preserve the community estate he can be sanctioned by the court.
Answered on Nov 16th, 2012 at 6:39 PM

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That is called extortion. Go to the self help center at your court house and file papers for division of assets including your community property rights to the 401(k).
Answered on Nov 16th, 2012 at 6:38 PM

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Get an attorney - your husband can be ordered to contribute towards your legal costs. Find someone who will do limited scope representation and work out a payment plan. He does not have to agree to the divorce, you can get divorced despite him. Do not give up the pension rights, they are all you have as you get older.
Answered on Nov 16th, 2012 at 6:37 PM

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Steven D. Dunnings
You need to sit down and consult with an attorney.
Answered on Nov 16th, 2012 at 6:36 PM

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