QUESTION
Can a wife with 2 children (4mo & 2) have the husband who is seeking divorce removed from home?
Asked on Oct 09th, 2012 on Divorce - Louisiana
More details to this question:
Husband asked for divorce but doesn't want to leave the home. No physical abuse but he can be abusive verbally. Wife has saved numerous emails and text messages as evidence. Wife's income cannot cover all household expenses at this time. Unclear of husband's monthly income, but grossed approx. 300,000 last year. Wife doesn't have an attorney yet but can a motion of temporary possession be granted until she can acquire one.
1 ANSWER
4 Awards
In Louisiana, use of the family home may be awarded to either party during the pendency of the divorce. One consideration for the judge will be who will be the primary caregiver for the children. A spouse awarded primary custody may be awarded the use of the house pending the divorce. Additionally, temporary spousal support can be awarded which will offset the cost of the note, or the payment itself may be included in the temporary support award. Considering the income of the husband in this scenario, this is a likely event. The questioner should consult an attorney immediately rather than attempting their own motion for use of the house.
Answered on Oct 11th, 2012 at 1:13 AM