Sanford, CO Divorce Law Firms & Lawyers

Any request to remove your name as a joint obligor on the loan must be directed to the lender (i.e., your Bank/Mortgage Company). Even if he wanted to, he has no power to change the terms of the loan agreement and to remove you from the loan. Moreover, lenders are very, very reluctant to release parties from a loan obligation. Your only viable recourse is to seek a court order requiring the husband to make application to refinance the property and get a new loan in his name alone - or else to sell the property if he is unable to qualify for a refinance. If he will not agree to do this, you will have to try to convince the judge to order this at your trial.

You still can get divorced. If she does not show, it is called a default proceeding. If you want a division of property or a ruling on maintenance (even her waiver of maintenance), you need to offer a separation agreement to the court. You might want an attorney to at least help prepare you for the hearing - we are available by the hour just to help prep people for court if you would like assistance. I hope this helps.

What you are entitled to receive depends upon the assets and debts that you and your husband own and whether you need alimony from him. Cheating is slightly relevant but it does not mean that you automatically get nothing.