So I spoke to an attorney. A different one. She had some good news and bad news.
Bad news- Adultery means nothing here. The contract of marriage is not really upheld with any teeth. We went no-fault in '82. Just goes to character and behavior but not punitive. I can't get an RO on him because she is apparently free to do as she pleases. Nice, eh? I can't keep him away from D for same reason unless abusive. I can't demand she leave over infidelity. I could file an Exluionary Home Possession-prove she has a place to go (him) but then she would have no obligation to contribute financially. THIS SUCKS. COMPLETELY RIDICULOUS.
Good news- She recommended two mediators that know this stuff better than most divorce judges. She recommended speaking with one ASAP regarding firewalling the finances. Get 'something on paper" from her (with help pfrom mediator if possible) to guarantee her financial commitment and get the house up for sale. I cannot get her OFF access to the joint account. What I can do is set up my own (her the same) and we agree on paper to split the "household bills". As close to a firewall as poss.
SET an appointment to meet the mediator together when she gets back.
I can still use the Home Excemption without the courts. Just need the mediator to accept it.
This will be a "Battle Royale" when she finds out she is broke.
But what's she gonna do? Divorce me? The only thing she would have is to attempt Custody action but if I alreadt have that on paper...........:)
Pretty PO'd at the complete lack of consequences for her bhvr. Unbelievable.
L even said "Date now if you want. It won't matter now"
WTF?
The only possible upside is that it will either quicken my freedom from this CB or make her look one more time. I'm good either way.
