More details to this question:
My husband keeps threatening to divorce me and telling me to leave the house. We have one biological child and 2 of mine from a previous marriage. So we have 3 total children. I don't want the divorce because I'm still in love with him. I recently have a medical problem and had to leave my job for ssid. I have less income now. I have nowhere or way of taking care of myself or my children. What can I do? We have been married 9 years this August 2014. Please any help with information will be greatly appreciated.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you are eligible for SSDI you should also have applied for it for the children. You refer to the house as your husband's. If it is really his (he owned it before the marriage and no mortgage payments were made during the marriage) than yes, you have no right to it. If as is more likely you have at least an equitable interest in it, go to court and ask for maintenance etc before you move out. Also, where is the child support for the two kids who are not his. At most he'll have to pay support while the divorce is pending, not afterward.
Answered on Mar 21st, 2014 at 2:31 PM
Walter H. Bentley
Your husband cannot force you to move. If he files for divorce, he could request that the Judge order you to move out. Based on what you have stated, he would lose that motion. Other than domestic-violence or other signs of actual danger the court will not normally force a party to move out of the marital home during the pendency of the divorce. If he is set on getting the divorce, you should contact an attorney. If you file first there are some legal motions you could file to ensure you do not have to move. Best of Luck, I hope things work out for you.
Answered on Mar 21st, 2014 at 8:28 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact an attorney immediately. He cannot simply throw you out of the house with minor children. but he can legally divorce you even over your objections (Michigan is a no-fault divorce state and no fault needs to be shown) Eventually he will need to pay child support... and I assume you are getting child support from the father of your first 2 kids so.. that will supplement your income.
Answered on Mar 20th, 2014 at 5:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details and for a plan of action.
Answered on Mar 20th, 2014 at 5:44 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, he cannot force you out of the marital home without a court order stating so, which could literally take months, even a year or more to obtain, especially if you have minor children. This is true even if your name is not on the title, deed or mortgage. You need to consult with an attorney.
Answered on Mar 20th, 2014 at 5:44 PM