Lucid1 Posted November 13, 2011 Share Posted November 13, 2011 Ok, just because some of you might enjoy my story. Have really enjoyed my visits to this forum. Divorced after 20 years, one adopted son, walk-away-wife. Divorce is final months past. I'm living in a rental and life sucks. Going back to court soon to increase visitation, she has begun using that as a weapon. But the interesting part is, she had 90 days to get me off the mortgage and she hasn't done it. So my lawyer advised me I can sue for damages, based on the fact I can't look for a house yet, and once we file a complaint they will ISSUE AN ARREST WARRANT!!!!! I wish I could see the look on her face. Vengeance is going to be sweet. Link to post Share on other sites
worldgonewrong Posted January 5, 2012 Share Posted January 5, 2012 Ok, just because some of you might enjoy my story. Have really enjoyed my visits to this forum. Divorced after 20 years, one adopted son, walk-away-wife. Divorce is final months past. I'm living in a rental and life sucks. Going back to court soon to increase visitation, she has begun using that as a weapon. But the interesting part is, she had 90 days to get me off the mortgage and she hasn't done it. So my lawyer advised me I can sue for damages, based on the fact I can't look for a house yet, and once we file a complaint they will ISSUE AN ARREST WARRANT!!!!! I wish I could see the look on her face. Vengeance is going to be sweet. Did anything come of this, my man??? Link to post Share on other sites
PegNosePete Posted January 5, 2012 Share Posted January 5, 2012 Hmm I know it's an old post but since WGW has bumped it... Going back to court soon to increase visitation I would strongly advise against that. What would it achieve? The best possible outcome for you is to have a piece of paper with a court seal that says you can have the kids for X days or Y hours a week. So what will happen if she continues to deny you these X days or Y hours, giving lame excuses like "little Johnny is ill" or "little Johnny is at his friend's birthday party today" etc? You will have to take her back to court and say "she is not sticking to this visitation agreement". What will a judge do? Fine her? Imprison her? Not likely. She will get a slapped wrist and told to stick to the agreement. Then the same thing will happen again and again and again. You will rack up loads of legal fees and she will get a slapped wrist every time and walk away. And she will be even more determined to stop you from having your visitation because she will be angry with you, you keep taking her to court. She may even file for harassment against you. No, that is a mug's game. I would do the opposite. If she says "you can see the kids for 3 hours a week and no more!" then I would reply, "OK that is your decision. I would like more time. If you ever change your mind and want me to have them more, please let me know". Fighting her will just make her dig her heels in and resent you. Most single mothers would welcome a break from the kids and some time to themselves every now and then, especially if she has a new man, I am sure he would like some alone time. When the emotion and arguments of your divorce have calmed down she will most likely give you more time, without all these court cases etc. IF you can keep a working relationship that is. If you are constantly fighting her and taking her to court then she will hate you forever. she had 90 days to get me off the mortgage and she hasn't done it. I would bet my bottom dollar that the exact wording says she should "make her best efforts" to have you taken off the mortgage. That is very common. Often, best efforts involves eating ready meals and watching Jerry Springer. If her income does not allow her to take on the mortgage solely then no mortgage company would remove your name. A court does not have jurisdiction to compel a mortgage company to do so. Link to post Share on other sites
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