Legal Question in Family Law in Indiana

husband setting divorce demands

husband wants divorce but delaying filing. has wrote me what he is going to offer me (the house, contents, $1,800 a month is support for two kids). combined income is $140k yr before taxes. he will refuse this if i get an attorney. he is agreeing to pay 50/50 for college, but I make less than 20 percent of household income. should i contact an attorney or take his settlement offer and use his attorney? he is threatening to withdraw this offer if I do. I have copies of offers and telephone conversation tapes - will any of this make a difference in court? I also have papers from 6 year old's school where husband

physically harmed daughter by yanking her by her shirt and leaving marks around her neck. Also, how do I pay for attorney fees - all at one time or will he have to pay?


Asked on 12/18/01, 8:27 am

2 Answers from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: husband setting divorce demands

Based on your account of the events so far, I couldn't stress the need for legal representation more.

It appears that your dealing with a very manipulating, intimidating and possibly hostile person. For the sake of your childern and yourself, do not allow yourself to be placed in a bad corner.

While much of the documentation you have refrenced may not consitute a binding agreement, it may very well indicate the kind of resources he has available.

In hiring an attorney you will still need to pay a retainer, but it may be possible to have court order him to reinburse you depending on your finacial situation.

If you would like to discuss this further, you may contact me at 317 686-0000 or go to www.tambascolaw.com

Whether you decide to contact me or not, find help now. Whatever your decision, I wish you the best.

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Answered on 12/18/01, 4:14 pm
Dorene Philpot Philpot Law Office

Re: husband setting divorce demands

Settlement negotiations cannot be used in court to say, "But you offered to do X,Y,Z." But, as Mr. Tambasco said, they can be used to show his financial position.

The court very well might make him responsible for your attorney fees, given the disparity in income.

Given the fact that assets, children and debts are at issue here, I really would advise you to protect yourself.

You are entitled to half the property that accrued during the marriage and a fair child support amount. He has to give you at least that.

There are some potential pitfalls with going along for the ride with HIS attorney, who represents his client's interests only.

Only you can decide if you want to take the risk involved here. In the long run, it might work out fine. It might not.

But hiring your own attorney is not an outrageous act on your part -- you have not only your own interests to protect but also your children's.

Best of luck to you....

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Answered on 12/19/01, 7:30 am


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