what are my rights if i want to divorce a husband of 16 years and i have 2 children?

Answer 1

what country do u live in because it depends on the country

Answer 2

Generally speaking the reason for divorce has no bearing on property division, child support or alimony/spousal support/maintenance (whatever it’s called in your state). However, the laws do vary by state, so in a FEW states it does. For example, in NC if he can prove that you committed adultery (and I’m in no way implying that that’s the case, I’m just giving an example) then you’re barred from receiving alimony. You need to check the laws of YOUR state.

You’re entitled to 50% of the martial assets. You’re also responsible for 50% of the martial debt. If you receive custody of the children you’re entitled to child support. If he receives custody, then he’s entitled to receive child support from you.

By the way, for those people that think the kids get to choose where they live…they don’t. If the parents can’t come to an agreement, the judge decides. Kids of a certain age/maturity level can state their wishes in court and the judge will take their wishes into consideration, but the judge considers many other things too.

You may be entitled to alimony. On the other hand, if you’re the supporting spouse, then he may be entitled to receive alimony from you. The length of time alimony would be paid--IF it’s ordered--depends on the laws of your state. For example, in Texas the max amount of time is 3 years (unless there is a physical or mental reason that you can’t support yourself), but in other states it could be longer. In some states, and in some situations, it could even be permanent as opposed to temporary.

And just an FYI, if you drain all the joint accounts, expect the judge to take that into consideration when he rules on property division.

Talk to a local attorney.

Answer 3

I HAVE NO IDEA WHAT RIGHTS YOU HAVE

Are you a good mother or do you abuse your kids?
Are you a responsible parent, or a crack head?
Are you divorcing because of something he's done, or do you just want to be with your lover?

All of these things, and more, affect your rights.

And anybody, like blackberry, who tells you what you should be claiming WITHOUT KNOWING ALL THE FACTS, is showing complete ignorance of divorce law.

Answer 4

You both have equal rights
it best for all concerned if the interests of the children are put before that of either parent. If your children are over 12yrs they can chose who they want to live with. Other wise its best for the mother to have custody and the father reasonable visitation good luck from someone who has been there

Answer 5

The rights depends on the reason to divorce. However you can prove your right to keep the children if children are on your side. At any case keeping the memmories of sixteen year married life is your unquestionable right.

Answer 6

If you live in India you have the right to divorce your husband, consult your lawyers for legal advice.

Answer 7

Women' look at these answers' Now you know why men are so bitter after a divorce. How would you like to be treated this way. Now you know why so many men never want to marry again after a divorce. Now you know why so many men never commit'

Answer 8

Married 16 yrs and 2 children ----here goes

You have the right to petition the courts for a dissolution of marriage-

Child support will be calculated at 27% of your spouses gross net take home averaged out over a 12 month period *Overtime excluded*

If you're not working and haven't moved a boyfriend into the equation you may be entitiled to temporary maintenance (used to be called alimony) -----Maintenance is temporary with a limitation specified===example: Judge may order temporary support maintenance for 3 -5 yrs.

You should be entitiled to 1/2 of your assets---home, car, savings, bank accounts, Your pensions 401k can be settled through a QDRO (qualified domestic relations order)

If you can't afford the family residence on your own---the marital residence can be sold---the equity in the home can be divided in 1/2 ----(this can be settled by having the Title company handling the sale of the home hold your proceeds in escrow ---and having it sent to the plaintiffs attorney to be held in TRUST pending the dissolution being granted in court)

You'll need to get a job----You need to support yourself---EVEN when the judge grants you the child support and the maintenance you shouldn't count on that money to live on!!! Some spouses----quit their jobs and disappear out of sight thinking that they can get away with not paying!

Have the child support and maintenance deducted by a wage withholding order----also let the IRS know and the STATE REvenue TAx people know so that if your X ever defaults on his obligations----you'll be able to get his Tax refunds at the end of the year!

Before you divorce: YOU NEED TO PLAN----4-6 months before you actually put your divorce into motion----

#1 SAVE $$$$$ (nest egg it)
#2 Get rid of debt that your name is on (BE DEBT FREE as possible)
#3 open a bank account or savings in your name only
#4 get a PO box for YOUR mail only
#5 3-4 weeks before you are to set your plan in to motion ------drain all the joint accounts of all their cash and close them. Put $$$ down on a new residence---Move your belonging during the day while hubby is at work---
#6 get yourself a cell phone and use that as your telephone service---do not give the number out to the X----MOVE don't look back don't say a thing.

The day you move out you have him served with papers at work! Catch him on the surprize surprize surprize!!

IF YOU DON"T PLAN and have a plan---you'll get screwed in the end!

Answer 9

Well I think the female dominant society was prevalent during the days of Dwapara yug (Mahabharath) but to -day it is surprising that your husband is 16 and you have aleady have 2 children.

Answer 10

Seek out a lawyer for a consultation most of the time it`s free..

Answer 11

You have all teh rights. But it would be harder on you coz you have to take care of both ur children urself. And by teh way, y r u married with a 16 year-old? How old r u anyways?