QUESTION

What are my rights if we divorce?

Asked on Jun 07th, 2011 on Divorce - Illinois
More details to this question:
My husband commits adultery leaves wife newborn kid in there house. The house is in his name and he threatening move back in with his girlfriend.
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11 ANSWERS

The issues you have outlined require more than just a line or two to reply.
Answered on Jul 11th, 2013 at 10:41 PM

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Glen Edward Ashman
You have the right to file for divorce, preferably with a lawyer, and seek support, custody and perhaps the property.
Answered on Jun 08th, 2011 at 5:22 PM

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Collections Attorney serving Ypsilanti, MI at Collis & Griffor, PC
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Unless you tell me what you're desiring, it is hard to tell you what your "rights" are. Every divorce case is different and each set of facts changes how the law might view the case. In your case, are you looking for physical and legal custody? What do you envision for parenting time, child support or spousal support? All of these questions only cause more questions. Simply put, asking for your "rights" is too broad.
Answered on Jun 08th, 2011 at 2:53 PM

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You are entitled to a fair and equitable division of the assets and debts, including the house. Title does not matter much.You are entitled to child support. File for divorce and get some advise first from free consultations.
Answered on Jun 08th, 2011 at 2:51 PM

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Family Attorney serving Seattle, WA at Seattle Divorce Services
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Under Washington law, your rights are determined by the court. If you file for divorce, you may want to bring a motion for temporary orders to determine who should be living in the house while the divorce is pending.
Answered on Jun 08th, 2011 at 2:48 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Generally, you have a right to a fair division of the marital property, a right to obtain child support if you continue to provide the primary home for your child, a right to a fair division of marital debt, and possible the right to spousal support (alimony) for some period of time. There are no specific rules for applying those rights and you need to talk to an attorney who can help you understand the rules in the context of your actual fact situation. The question of whether or not your husband has committed adultery, or intends to continue that practice, is totally irrelevant to how your rights are to be applied in your specific case.
Answered on Jun 08th, 2011 at 2:46 PM

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Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
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You can start divorce proceedings and ask for an order restraining him from coming back to the home.
Answered on Jun 08th, 2011 at 2:39 PM

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Car Accidents Attorney serving Salem, OR at Howard W. Collins
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In Oregon, hire a lawyer is the best advice I can give because the relief you need can only be achieved by filing for divorce and seeking temporary relief from the court, which quite frankly is a bit much for people to do on their own. Plus you have issues of child support and spousal support, both short term and possibly longer term, depending on your situation. Thanks.
Answered on Jun 08th, 2011 at 2:08 PM

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As I understand your questions: You may have an interest in the home, it will depend on when the home was purchased and who provided the down payment. Because this is a fairly short marriage, it will be handled a bit differently than if it was a longer marriage, but you still have rights. First, because you and your child live in the home, it is not proper for him to "kick you out", but you may need the assistance of the court. If you are short on funds to hire an attorney, there are several "modest means" option, self help methods or low cost clinics that can help you protect yourself and your child. If you can afford an attorney, set up a consultation as soon as you can to protect yourself and your home. Once you have moved out, it will be difficult or unlikely you will be able to get back into the home without a big fight in court. Good Luck.
Answered on Jun 08th, 2011 at 12:02 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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Your rights are the same as if he had never committed adultery. You get half of all community property and all your separate property. He cannot force you out of the home without a court order. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 08th, 2011 at 10:54 AM

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This is a matter that needs to be discussed in private. I encourage you to contact the office to discuss your rights in this matter and your options, one of which is the sell the house and split the proceeds.
Answered on Jun 08th, 2011 at 10:22 AM

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