QUESTION

What are my rights while I get divorced?

Asked on May 17th, 2013 on Divorce - New Jersey
More details to this question:
My husband left the home June 5, 2012. I had major surgery on June 13, 2012 and had to care for myself. I then returned to my job in July and was terminated after 7 years of service in August 2012. My husband said that it wasn't his problem that our two kids and I had no income and could lose the home. I struggled for a few months trying to figure out a solution all the while he was paying some child support, but spending most his money going out and living the "single" life while his wife and children suffered. It has been almost a year and I am finally going to try and file divorce with what little money I have saved up. I'm in negotiation with my mortgage company to save the house and I still have a hard time paying everything. I feel abandoned by my husband and I don't think he should walk away from his choices unscathed. I need to know what my rights are as the parent that stayed in the home and has been fighting for almost a year to keep things together. He just informed me that because I had the children all school year, he wants them over the summer! I don't agree with that, he left them and expected me to take care of everything while he selfishly took care of his new free life. He doesn't have a place of his own, he rents the nasty unfinished basement of a house where the kids have a mattress on the floor and no toys or friends. I feel like he is calling all the shots and I don't want to lose my nerve when he gets upset at my answer. I have worked so hard to fix this situation for me and the kids with no help from him, and I refuse to give in when he all of a sudden wants something. Lastly, we were in the process of filing bankruptcy before he left, we have a $500 retainer down. Should I wait until that is complete to file? I'm afraid me and the kids are going to get screwed in the end just like we have for the past year. Please help.
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4 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to get an attorney to help you figure all of this out. Generally, you want to file bankruptcy together because then there may be more exemptions. On the other hand, you might be able to make it more difficult for him if you file on your own. As for taking care of you, nothing will happen until you file for divorce and ask for him to provide additional support. Talk with the bankruptcy attorney and see what your options are.
Answered on May 20th, 2013 at 10:17 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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You have a very complex issue which is not subject to simplification on the internet. You need a lawyer sooner rather than later.
Answered on May 20th, 2013 at 12:21 PM

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Divorce Attorney serving Boston, MA
Partner at Mavrides Law
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You should immediately file a complaint for divorce and get temporary support orders in place as soon as possible. At the hearing, you will have an opportunity to present your issues of concern and have enforceable court orders imposed by the judge.
Answered on May 20th, 2013 at 12:21 PM

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Collections Attorney serving Cleveland, OH at Nancy Fioritto Patete
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You should consider filing for divorce. Many of the issues you raise would be addressed in court. I don't recommended continuing to try resolving the conflicts prior to filing for divorce.
Answered on May 20th, 2013 at 12:21 PM

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