What are my rights if we divorce? 20 Answers as of July 11, 2013

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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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
The court will consider the cause of the breakdown of the marriage. The fact that the house is only in his name doesn't matter if it has been used as a part of the marital estate. Stay well.
Answer Applies to: Alabama
Replied: 6/9/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
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.
Answer Applies to: Oregon
Replied: 6/8/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
The issues you have outlined require more than just a line or two to reply.
Answer Applies to: Ohio
Replied: 7/11/2013
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Assuming the home was acquired during the marriage, it is not important whose name it is in. Florida is a no-fault state, so his adultery does not necessarily impact the divorce issues.
Answer Applies to: Florida
Replied: 6/8/2011
Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
Depends on which state you live in. Depending on the state there is a difference in how it is all distributed. You may need to look into an alienation of affection claim.
Answer Applies to: Utah
Replied: 6/8/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    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.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    If you live in a no fault state such as California, then adultery does not matter, if a fault state like New York, then it makes a big difference.
    Answer Applies to: California
    Replied: 6/8/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    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.
    Answer Applies to: California
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Minnesota is a no fault divorce State. As a result, fault is not required to commence a divorce and adultery has little impact upon the issues of divorce unless relevant to the particular issue in some regard.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Wolverine Law | Stuart Collis
    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.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have the right to file for divorce, preferably with a lawyer, and seek support, custody and perhaps the property.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There are rights to claim alimony support custody and a fair division of the assets.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    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.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Change the locks now, then file for a divorce, ask for temporary exclusive use of the home. The courts routinely deal with issues similar to this one. A good divorce lawyer will know what to do to protect you but he/she cannot protect you if you let your husband run all over you and then come in crying after the fact.
    Answer Applies to: Texas
    Replied: 6/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    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.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You can start divorce proceedings and ask for an order restraining him from coming back to the home.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to have a consultation with an attorney to discuss your specific case and what the law says about child support, custody, visitation, property and debt division, and spousal support. This is not a question that cab be answered via email without a detailed consultation.
    Answer Applies to: Georgia
    Replied: 6/8/2011
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