Complaint For Civil Union Divorce: Fill & Download for Free

I fought for my house.It was scheduled to be auctioned in a foreclosure sale May 20, 2016.It wasn't really MY house, actually. It was the house that legally belonged to my soon to be ex-husband.My future ex-husband had decided to walk away from all of our mutual bills, including our mortgage. Unable to afford this mortgage on my income alone at the time as well as all the other bills, I decided to stop paying on the mortgage.So here's how it went down:My ex-husband decided to go silent for 6 months. He had no interest in discussing adult matters, such as the divison of property.One night, as I sorted through yet another box of his belongings, I decided I had enough of his silent treatment. The box I looked through contained pictures of his college trip to Jamaica with his friends and I thought it would really be shitty if I just started tossing these things out. I messaged him letting him know.Surprisingly, he decided to put on his adult pants for a minute and come discuss the future of the property.The house had equity in it. His mom, who was onced a licensed realtor, suggested he begin the process of a short sale.The house had equity…this meant if we both got our heads out of the shitter and worked together to sell the house, we could split that equity, catch up on our own bills and maybe have enough of a down payment on our own places.My lawyer said this would be the smartest thing to do.His lawyer, however, stated that she did not specialize in property law and, with the help of my future ex-husband’s parents, recommended that he get a restraining order against me.This was the state of affairs at the end of March 2016.We decided to save the house.I looked into foreclosure laws and legal assistance and anything to delay the auction. I found that New Hampshire does not give a fuck about bank foreclosure, probably because most people in this state tend to be wealthy in comparison to other states. The rate at which houses are lost to foreclosure here is not a regular problem.In New Hampshire, there is no judicial process.If you are behind on your mortgage and your lender has set the time frame for bank repossession and posted the auction in a local paper for 3 consecutive weeks, they can hold a sale outside your home on date stated in paper and then move to evict you.Every lawyer I spoke with had recommended bankruptcy. That would not work because he had been fired from his job recently and would not be able to show that he could make bankruptcy payments.I didn't know what to do, so I recommended filing a motion to Enjoin the Foreclosure. I didn't know what Enjoin meant, but I figured it might delay the auction. I would later find that it meant we were suing the mortgage company.He halfheartedly filled out the form at the courthouse. The form lacked in specificity.I began researching the hell out of case law and opinions in the State of New Hampshire. I also researched any previous problems and complaints with the mortgage company. I studied all the paperwork he signed and tried to find a loophole.I was coming up with nothing.Actually, I was finding that people who were Pro Se loved to file motions to Enjoin foreclosures, basically arguing that their loan was transferred to another mortgage company during the time of ownership and because of the transfer, they did not owe anyone money for their home. Huh? They wanted their home for free? Because they stopped paying on it? And now it was someone else's fault? Because the bank transferred the loan? Well, that was the dumbest thing I ever heard. And the more I read, the more I learned that judges thought so too..I directed him to begin communicating with the mortgage company and to find out how much we owed to catch up on the mortgage.He had money in his 401k which could possibly cover the amount past due. He was terminated, so it was possible to cash out on this money with tax consequences, of course.He reluctantly contacted the mortgage company. His prior experience with their customer service was awful. They would tell him something and then not follow through. But he called them to gather more information, specifically how much to pay off the amount in default.And they promised to send him the information.The funny thing about mortgage companies is that they show no signs of urgency when they are about to reclaim your property…especially if there is equity.They never sent him the information they promised.As it got closer to May 20th, we were informed that there was a QDRO hold on his 401k.…It's good to know about the imposition of a Qualified Domestic Relations Order, or QDRO (cue-DRO), an exception to the 10% penalty on distributions from a qualified plan (but not an IRA).In case of a divorce, it's good to know about Qualified Domestic Relations Orders.A QDRO is often put into place as part of a divorce settlement, especially when one spouse has a considerably larger retirement plan balance than the other. The court determines what amount (usually a percentage, although it could be a specific dollar amount) of a retirement plan's balance is to be presented to the non-owning spouse. Once that amount is determined and finalized by the court, a QDRO is drafted and provided to the non-owning spouse, which allows him or her to direct the retirement plan custodian to distribute the funds in the amount specified.QDRO Rules Use of 401(k) in DivorceThis meant that his money was stuck until the we agreed to who got what. And our next scheduled court date was cutting this close.So we canceled our divorce. His lawyer tried to change his mind. She really wanted to divorce me because I was such a pain in her ass… My lawyer shook his head and kind of laughed a little to himself. He was a cool guy.Meanwhile, our case was remanded to federal court which meant that it could take a bit before it was heard…pushing us closer to the deadline.A lawyer from the mortgage company reached out to my husband(no longer future ex). He demanded to know how much money he had. My husband told him 8k. He said that would not be enough to cover the costs. My husband demanded to know what those costs were. The lawyer promised to send him the information.We never received any information.Instead, we received a response from the attorney for the mortgage company in federal court stating all the reasons that they were not obligated to remove the house from foreclosure. These reasons included; lack of communication between my husband and the mortgage company for a plan(stating that if he had reached out, he would have known who had he talked to and when), lack of money my husband would be able to acquire even if there were a reinstatement plan(he stated that he had 8k and so the call from the attorney was just to find out more ways to fuck us and not to come to some type of agreement), and lastly, that the company did not have to help by providing a reinstatement plan as was stated in the loan agreement.That pissed me off… And my response was so damn good that it changed the judges mind…and the mortgage company’s reluctance to follow through and work with us… as well as the attorney's douchebaggery.The mortgage attorney even requested to have the lawyer who was now respresenting my husband contact him…um… that was no lawyer. That was me. A very pissed off me who had nothing but time on her hands to make him look like a fool for underestimating the power of a pissed off Sara.Oh and my response prompted an opinion to be published in New Hampshire law.. In his objection to the motion to dismiss, however, he provides additional factual background about his efforts to resolve the mortgage default with Pacific Union. He also states that the divorce proceeding has ended with a reconciliation between Angell and … and that he would like to pay the amount required to reinstate the mortgage but has not been able to do so because Pacific Union has not provided him with the required payment amount.Pacific Union has represented to the court that the foreclosure sale was cancelled “in order to allow exploration of loss mitigation efforts.” Pacific Union also represents that the foreclosure sale has not been rescheduled.DiscussionIn the complaint, Angell seeks to enjoin the foreclosure sale of his home. The foreclosure sale has been cancelled and has not been rescheduled. Therefore, at present, there is no foreclosure sale to enjoin. Pacific Union moves to dismiss the action on the ground that Angell has no right to reinstate or modify the mortgage and that Angell has not stated any other cause of action. In his objection to the motion, Angell agrees that he has not fulfilled the reinstatement requirement in the mortgage but argues that is because of Pacific Union’s failure to provide the reinstatement amount. He also agrees that he has no right to modify the mortgage but argues that he is entitled to relief based on a new theory of promissory estoppel. Given Angell’s pro se status and the change in circumstances and theories since the complaint was filed, it is appropriate to give him an opportunity to amend the complaint to allege facts to support a new cause of action. See Fed. R. Civ.P. 15(a). In addition, it appears that Pacific Union may be working with Angell to resolve the matter, which would be a better way to end the case. Therefore, the motion to dismiss is granted, but Angell will be given leave to file an amended complaint to allege a new claim or new claims. Pacific Union may respond as appropriate under the Local Rules and the Federal Rules of Civil Procedure.Civil No. 16-cv-167-JD Opinion No. 2016 DNH 104Updated Outcome:They had promised to provide us with an amount to bring the loan current and then ignored every attempt to reach out to them, either by putting us through to Voicemail (left a message and it was not returned), hanging up on us, or telling us that it was in the mail. They did not want to help.Each time we talked to someone from the mortgage company, we recorded the date, time, and the name of the person. We also took notes on the results of the call.In my objection, I wrote of all the runaround that they were giving us and the failure to do one simple thing, provide us with the amount to pay in order to reinstate.They started to work with after we filed the objection citing promissory estoppel, even before the judge had ruled that we could reopen a case against them for failure to follow through.They cancelled the foreclosure proceedings and referred us to loss mitigation who provided us with the paperwork for a loan modification.We didn't have to pay the whole past due amount. We only needed to make $400/month payments for 6 months. If we continued to make these payments on time, then we could ask them to review it and, upon review, they would determine if they would allow us to reinstate the loan.They did allow us to reinstate.We didn't have to pay for their attorney, as they had threatened us with earlier in the process.Our interest rate went up a bit… but there is still equity in our house.And we have never been late on a payment since…

There is nothing you can do to stop someone from lodging a complaint against you, other than wrongfully restraining the person, in which case you would have actually committed an offence anyway. Lodging a complaint is a right every citizen has, and that cannot be curtailed by law. The problem is the abuse of that right. Especially by married women, as is the modern trend.Now, there are a few ways to ease the blow, if and when it comes, and a brief overview of the same is mentioned hereinbelow:-Lodge the complaint first.I cannot even begin to emphasize how important this is. Wife left the house? Had a major fight over some issue where things got out of hand? Any sort of torture (mental/physical) by the wife, on your parents? Go to the police station which exercises jurisdiction over the area of your matrimonial residence and lodge a complaint regarding your wife's desertion/abuse/etc. The same will be registered as a General Diary Entry, and make sure you keep a copy of the written complaint with the stamp on it, showing that the police have received the complaint.Might sound silly, but trust me, if she does lodge a case against you and/or your parents/family members, that complaint of yours might be the thing that gets you bail.The police cannot arrest you straightawayMost people are not aware about this, and the police do go around taking advantage of that fact and terrorising hapless accused persons on this point.The Supreme Court took notice of the immense misuse that section 498A IPC was being subjected to, and the abuse of the accused persons by the police authorities, and therefore took matters into its own hands and issued strict guidelines for the police authorities to follow in cases involving section 498A (the principles extend to all offences under the IPC carrying a maximum punishment of upto seven years of imprisonment).In the case of Arnesh Kumar v. State of Bihar, the SC stated that the police could not arrest accused persons straightaway in 498A cases and that first they would be required to be served a notice under s. 41A of the Cr.P.C. under which the accused person would be required to meet the investigating officer and the officer could only arrest if the concerned accused person failed to comply with the terms of the notice.Remember, once you go meet the Investigating Officer, he will sign/stamp the notice and write "complied" or "attended" on the same and return it to you. Don't leave the police station unless he does so. He is bound by law to sign/stamp the notice.Therefore, do not start cowering if a case under section 498A is filed against you. Remember the police cannot arrest you as long as you comply with the notice served and co-operate with the investigation.(This only applies as long as the penal sections in the FIR comprise offences with a maximum punishment of seven years or less. If a charge like attempt to murder is included, which has a maximum punishment of life imprisonment, the police may arrest without any notice).Grab a lawyer and get bail498A cases are common nowadays and magistrates don't hesitate too much before granting bail. Act fast, comply with the notice under 41A Cr.P.C. as soon as it is served, and thereafter surrender before the local magistrate's court and make sure your lawyer produces the notice with the "complied" stamp/sign on it.Return all her belongingsUsually, a complaint under s. 498A is accompanied by a charge under s. 406 I.P.C. (punishment for criminal breach of trust) as well. This section is brought in by the errant wives, who allege that their husbands and/or in-laws have misappropriated their stridhan properties and/or other personal belongings and valuables. The police authorities mechanically proceed to conduct a search and seizure of the husband’s premises in the majority of cases. If subject to such a search and seizure, fully co-operate with the same. The fact that you have co-operated with the search and seizure operations is a strong ground for bail as well. In any case, as soon as the wife walks out of the door, immediately offer to return all her belongings that may be lying at your place. If she refuses to take them back, send a notice through an advocate, requesting her to take her belongings with her. That way, there will be proof that you have atleast tried your best to be a good husband, no matter the circumstances.The law has loopholes, yes, but it's a choice between the devil and the deep sea. Till the time there were no laws for the safety and protection of women, women were treated terribly. Now that laws have been enacted to that effect, they are misused. Inherent human capacity for evil cannot be curtailed by writing down a few words on a piece of paper, and therefore the chaos will always exist. The best we can do is to try and protect ourselves as far as possible.Do not ill treat your wife. Do not let your wife ill treat you. The deal goes both ways. Build a relationship of love and respect, and don't let ego get in between. You are supposed to share your lives together. Ego is the last thing you want to let come in between. And if you feel things aren't working out, go for a mutual divorce. It is a painless procedure and doesn't come with the hassles of pursuing/fighting a criminal case.Thanks for reading. Hope I have managed to help someone in some way, however little.Edit: Regarding the part on s. 497 of the IPC, recently, on 27.09.2018, s. 497 was decriminalised by a 5 Judge Bench of the Supreme Court in the decision of Joseph Shine v. Union of India, and therefore the operation of s. 497 stands nullified as far as criminal prosecutions are concerned.This does not however mean that adultery is now legal. It is not okay to go joyriding with people other than one's spouse. An aggrieved spouse may take civil action, and/or file for divorce on the grounds of adultery and may also claim monetary and/or material compensation on such grounds.

O Allaah, send blessings upon Muhammad and upon the family of Muhammad, as You sent blessings upon Ibraaheem and upon the family of Ibraaheem; You are indeed Worthy of Praise, Full of Glory.Your question has a wrong premise. The campaign against triple talaq is led by lone crusaders.The 5 Women Who Led The Fight Against Triple TalaqI challenge you to cite a single use of the mass protest in favour of triple talaq bill by women.Majority of the Muslim women have opposed the bill and insisted that there must be no intereference in Muslim personal law. These women are not represented in the media although they carry out protest in thousands. I am citing some links for you.Thousands of Muslim women protest against triple talaq BillMuslim women protest against triple talaq bill in Lucknow20,000 women join silent rally to raise voice against instant triple talaq bill - Times of IndiaI hope you understand how law is abused in reality in India. I admit that there are cases of spontaneous divorce by husband in India, which goes totally against the spirit of Shariah. Quran advises a number of steps to resolve conflict between husband and wife and even recommends appointing arbiters from the families of the husband and wife to resolve the differences. Prophet Muhammad, peace be upon him, specially reminded Muslims to take care of women in his last sermon. As per the teachings of Prophet Muhammad, peace be upon him, the best men are those who are best to their wives. In reality divorce doesn’t happen in an instant. There is always a long story of abuse, ego clashes, quarrels and even violence in most cases. In India very often the family members from both sides get involved to resolve the differences. It is only in the cases where the egoes run too high or the differences cannot be resolved the husband divorces pronouncing divorce three times, as he knows this is the right way to divorce, which is wrong. Sadly even our courts have the standard template of triple talaq that reads “I (Husband) divorce my wife by pronouncing divorce three times and thus free her from my conjugal rights.” I have myself seen court papers in which the divorce case ran over months as both families tried to negotiate and in the end when the divorce is settled the wording of the divorce reads as if it was done just in a moment. There is big gap in the ground realities and what goes in the papers. We need to appreciate that. The courts must step in to prevent abuse of women, give them their rights and ensure that they are not harassed by violent, impulsive and abusive husbands. There are always laws to ensure that in India which apply to all citizens irrespective of their religion. Just read the story of one of the crusaders against triple talaq below. You will understand that it was not a spontaneous divorce but culmination of a long tussle of egoes between the husband and wife. But the woman took it as a cause and promoted herself as a victim of triple talaq. You will find her profile in the list of five crusaders in the link given above.Shayara Bano is a victim of domestic violence just like 50 percent of all Indian women are. She had left her matrimonial home and was residing with her parents. Remedies to her concerns (maintenance, access to her children and protection against domestic violence) were available to her under the Protection of Women from Domestic Violence Act, but perhaps no one advised her about this.When her husband filed for Restitution of Conjugal Rights, she contacted a Supreme Court lawyer to transfer this case from Lucknow to Kashipur. As a counter blast, the husband’s lawyer sent her a talaqnama. Since a Constitution Bench was constituted, her lawyer advised her to file a writ petition and challenge the talaqnama, though she herself consistently maintained that she does not wish to return to her husband due to the domestic violence. So according to me, this case does not strictly fit the formula of ‘instant and arbitrary triple talaq’. But the writ petition gave her instant fame and she became known as a crusader for Muslim women. Recently, I read reports that she has joined the BJP.Source: 'Wrong to brand everything concerning Islam anti-women': Lawyer-activist Flavia Agnes speaks on darul qazas, triple talaq - FirstpostIn the light of Quran, divorce is maximum three times. This is why it is called triple talaq. What it means is that after first divorce when the husband and wife separate for three months they will be considered divorced, but they have opportunity of reconciliation and live again together as husband and wife. They can do this one more time. The third time they divorce, it will be irrevocable and they cannot come back together as husband and wife. This provision prevents women from the shackles of abusive husbands who may continue to abuse their wives in repeated cycles of divorce and reconciliation and thus not given them opportunity to remarry and get settled. If a couple has been divorced three times, I don’t think any sane person would say that there is hope for them to live together happily once again. Thus, Quran forces such people to explore other marriage options and not to be stuck in an abusive relationship because of emotional reasons.Supreme Court declared triple talaq to be invalid. It was actually already invalid in a High Court case that I am citing below.I could mention so many since we are constantly using these cases to defend the rights of Muslim women. For instance, in the Shamim Ara case in 2002, the Supreme Court laid down the correct procedure for pronouncing talaq. Even earlier, there were judgments of Justice Barul Islam of the Guwahati High Court in 1981 where the procedure for pronouncing talaq was laid down. Since 1981 to 2002, various high courts had followed the Guwahati judgement. So, the issue that arbitrary triple talaq is invalid was already settled. But these judgments were not highlighted in the media.Similarly in another important judgement, Danial Latifi vs Union of India in 2001, the Supreme Court held that a divorced Muslim woman is entitled to a fair and reasonable settlement for her entire life. But no one bothered to highlight this historic judgement and media continued to project that after divorce a Muslim woman is devoid of rights. Also, the fact that Muslim women are entitled to relief under the Domestic Violence Act has not been sufficiently highlighted in the media. So every time we have approached the magistrate’s court to protect a Muslim woman under this Act, the other side has argued that a Muslim woman is not entitled to claim relief under this Act and this is simply because media had not highlighted this issue enough.Source: 'Wrong to brand everything concerning Islam anti-women': Lawyer-activist Flavia Agnes speaks on darul qazas, triple talaq - FirstpostSupreme Court declared that triple talaq is invalid. Its fine. Even Muslim scholars disapproved of it. In fact, divorce in Islam is considered the most hateful of the permissible things. It is like amputation, which is undesirable but sometimes necessary for the larger goals. The BJP government has played politics on this issue because they don’t have anything to show to their Hindu voters as what they have delivered. They could not fulfill any of the promises made to Hindu hardliners whether it was about Ram Mandir, or about article 370 or about Uniform Civil Code or resettlement of Kashmiri pundits. By trying to champion such cause they are showing that they are taking Muslims out of the couches of conservatives, while as we learn from the links I shared above that most women oppose intereference in religious matters of Muslims. The government is so shallow that they take credit for a Supreme Court judgement when it suits them, like in case of Triple Talaq. And they keep quiet when a Supreme Court judgement doesn’t suit them such as in the cases of Adhaar, controlling pollution on Diwali, instruction of the SC to control mob violence, SC ruling on homosexuality and adultery, and other issues. How can you selectively take judgements of SC as your own victory?Now the government has formed the bill that a husband who is accused of triple talaq will be punished up to 3 years. Do you think it is going to help the matters? It is going to make things worse. This law will be abused in India like the dowry law and many other laws in which the accused is presumed guilty immediately. It is ironical that as per Supreme Court triple talaq doesn’t abolish the marriage which means that the man is still the husband. As per the law made by the BJP government the man will be sent to jail. So who is going to support the woman and her children while the husband is in jail for three years. You think the marriage will be saved after three years. So, even if you believe the husband has harassed the woman by giving spontaneous divorce and must be punished for it, at least consider the divorce to be valid so that the woman can be free to remarry. Why do you want a woman who has been abused to wait for three years to join the husband who has been punished? If they could not reconciliation during the court battle, what hope you have of their reconciliation after the punishment. On the contrary, it is possible that after the jail term the husband might harm the woman to take revenge for his shame. The woman living as his wife of the abusive would be vulnerable as well.The job of the government is to ensure social justice and equality to all. I agree that women are abused in India both Hindu and Muslim. Most family violence are seldom reported. Women in India, both Hindu and Muslim, are taught to take beatings silently and not go to court. So many women suffer beating from their alcoholic husband on daily basis. The problem of deserted women among Hindus is far bigger and serious (2.3 million women who are separated or abandoned), but it is never discussed at national level. A divorced woman has an opportunity to remarry, but the woman who has been deserted cannot even remarry.In Pics: Post Triple Talaq Verdict, What About Abandoned Women?The laws of marriage and divorces need to be simplified. If the husband and wife want to separate, they must be referred to counseling and given time to resolve their differences. If they still insist on separating, they must be allowed to do so because there is no fun in a marriage where one of the partners feels suffocated.https://www.news18.com/news/india/the-elephant-in-the-room-every-third-woman-in-india-faces-domestic-violence-1654193.htmlWe already have laws in India that divorced women of all faiths will maintenance to support themselves untill they take a job or get remarried. If a husband hurts the woman emotionally or physically, such as by pronouncing triple talaq or being verbally abusive or hitting her, he must be punished. I believe even one moth jail is enough for a reasonable person to correct his behavior. What matters is legal education of women about their rights. Women need to be taught that they must not take physical violence silently and complaint about it. Men must be told that they will be punished if they are violent. That will really help millions of women, both Hindus and Muslims.I don’t see any sincerity on the part of the government to address the core issue of violence in marriage, and it is playing politics through media debates on issues like triple talaq, which is really a non-issue. Even if you introduce the right method to divorce, it is no justice. Justice would be when husbands fear that they will be taken to court if they are violent with their wives and they realise the consequences of being verbally or physically abusive in their marriage.Praise be to Allah. The Lord of the Worlds.