Legal Question in Family Law in Massachusetts
In Contempt?
Temporary separation agreement states that she wife stays in the marital home with children and takes care of all expenses. I can no longer afford it, falling behind in all bills.
I agreed to have the house sold, but I am also signing a lease to an apartment in a couple of months (because I can no longer afford living in the house). The court now says that I will be held in ''contempt'' for leaving the house.
The ex is refusing to help with any of the house expenses, and he cannot affford to move back in the marital house either (once I leave). I'm a nervous wreck, I want this over with- I have 3 children to take care off. Essentially, the ex wants me to stay at the home until it sells (while he walks away with a profit and I walk away with more bills). At this point I'm willing to walk away from my share of the home, just so that this nightmare goes away.
What exactly would happen to me if I am in ''contempt''? Arrest? Fines? Loose custody of childen? Is there any way that I can be protected?
2 Answers from Attorneys
Re: In Contempt?
I cannot believe that the Court would hold you in contempt for being unable to afford the house. This is an all-too-common fact pattern today. However, I do not know all of the particulars here.
This is the type of question that would best be answered through a more personal consultation. If you already have an attorney, you should seek his or her guidance. Otherwise, I would be happy to discuss this further.
You may also need to consider bankruptcy -- not an area in which I practice -- which would halt the divorce (but not the child support payments) and POSSIBLY give you a way out of the hole you are in. However, you need to discuss this with a professional in that concentration.
Greg Lee
Re: In Contempt?
You are probably being held in contempt because you are selling the house without court permission.
When you start the divorce process in MA, there is an automatic "restraining order" place on all the marital assets and property. What this means is that neither spouse can sell or dispose of property during the pendency of the divorce. This serves to keep the status quo in order for fair and equitible distribution of the marital property.
So if you want to sell the house, all you need to do is get court permission so you will not be held in contempt. You will need to file a "Motion for Sale of Marital Home". The motion will simply ask the court to (1) allow the sale of the marital home and (2) see the attached affidavit.
Along with the motion, you will sign an affidavit basically explaining why you need to sell the house and why you need to rent a place instead. You will state specifically that you cannot afford it and it's in the best interest of the children.
If you have trouble filing those 2 documents, you can go to the courthouse where your divorce is being decided, the clerk at the courthouse can give you a blank motion form and maybe even a blank affidavit you can fill out. Then you ask the clerk for the "Lawyer of the Day". The lawyer of the day is an attorney that volunteers at the courthouse and helps people fill out forms. You can go to him and ask him to help you fill out the motion and affidavit.
You might want to call ahead to check when the lawyer of the day is there and what time he's there till.
I hope it all works out but it's not as complicated as it sounds.
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