Legal Question in Family Law in Indiana
Son filed for divorce after kicking out cheating wife. He was living in their home and had custody of children and this was stated in decree. The next day after he filed, she had a protective order served to him and regained possession of home and children. How can an order for protection take precedence over the terms for divorce? The protection order was done as a strategic maneuver and based on lies. Now she is blackmailing him by saying she will drop it ONLY if he agrees to her terms which is to give up children completely and not to pursue the home or her money. She even wants him to sign a paper agreeing to live in the same home until he can afford to move out. Should he report her violation and what would happen if he does? The division of property was fair and he is simply asking for home and children with generous visitation and joint custody. By the way, this is taking place in Indiana.
1 Answer from Attorneys
On the day after he filed for divorce, a divorce decree COULD NOT have been granted. Something in your fact scenario is off, and your son would be best served by taking what he knows directly to an attorney who can help him.
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