My friend is leaving her husband and taking her two kids with her. Their home is in both names. Is she allowed to take her stuff with her and come back for things or should she consult an attorney first. He is mentally abusive and won't leave the home. Could she make him leave since she has the kids?
2006-12-11 10:16:30 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If there's abuse (mental or physical) involved, then she may be justified in getting herself and the kids out as soon as possible, to a safe location. Her safety and the safety of her kids is the main priority.
Immediately after that she should begin legal proceedings to protect her possessions, bank accounts, etc. If she is employed and using automatic deposit, she should make sure her paycheck is not being deposited to the joint account with her soon-to-be-ex-husband.
To make the best of a bad situation, she should probably leave her husband and drive directly to the attorney, filing immediately. The attorney can offer advice on the best strategies for getting her possessions, keeping her kids safe, and more.
There are also hotlines for abused women; they may have more specific information that can help her. Check the phone directory or search for "abused women hotline" on the Internet, for the city your friend lives in. But I believe they'd say much the same thing: if there's any chance he could go from mental to physical abuse, she should get out first and take her kids with her.
2006-12-11 10:29:51 · answer #1 · answered by Scott F 5 · 0⤊ 0⤋
The one who leaves the property is the one who looses --- big time. If she wants out of the marriage, the best way to do it is for each of them to contact a SINGLE attorney, called a mediating attorney --- check the Yellow Pages. If they get involved in an adverserial fight, the only ones who come out ahead are the two attorneys. To use one attorney, they need to agree on how the estate will be split -- who will get the house, or if it should be sold: if they have IRA's and agreement on child support. This way the attorney simply files the papers, and no one is in a big court battle. The cost is anywhere from $75-$300 --- cheap.... This is the only civil way to divorce.... they still have a child together, and they still need to provide that child with the assurances that he/she had nothing to do with "mommy and daddy separating".
2006-12-11 10:25:41 · answer #2 · answered by April 6 · 0⤊ 0⤋
She needs to contact an attorney because a third party will make the transition easier. They would have to file paperwork on who keeps what and most likely go into a custody battle. if she was to just leave w/ the kids he can charge her w/ kidnapping and she can get into trouble w/ that. She should first contact an attorney before she does anything involving the kids-because they are half his and he can press charges on her for that. Also, if she was to up and leave him that is considered abandonment-which could cause her more problems. So she needs to proceed w/ caution before doing anything.
2006-12-11 10:21:39 · answer #3 · answered by Annie 5 · 0⤊ 0⤋
If he's mentally abusive then he definitely won't leave the house. Your friend should definitely consult an attorney so that she can get legal advice on what she can do.
She can also ask for a police escort to get her things or go and pick up her things while he is at work.
2006-12-11 10:23:15 · answer #4 · answered by Evoljz_Girl 2 · 0⤊ 0⤋
ALWAYS always always get an attorney!!! what ever she does get an attorney! If she doesnt she could possibly do something that can be used against her in divorce court or a child custody hearing! If he will not leave she could put his stuff outside and immediately seek an ex parte against him. Then he isnt permitted near she or the children including the house!
Much luck!
2006-12-11 10:28:49 · answer #5 · answered by Lulu76 2 · 0⤊ 0⤋
Once she leaves there is no guarantee that he will not tear up the things that are left. She needs to talk to a lawyer before she leaves to find out her rights. She definitely needs to video tape the home and all the possessions to have a record of them. All her things, kids' things, and even his things to show the condition they are in before she leaves.
2006-12-11 10:45:57 · answer #6 · answered by physandchemteach 7 · 0⤊ 0⤋
She should talke to an attorney first to find out the laws in her state and her rights...just up and leaving him could be considered "abandonment" and play in his favor...
2006-12-11 10:19:14 · answer #7 · answered by . 7 · 0⤊ 0⤋
WOW! i believe for u, somewhat I do. And from journey, if there isn't any believe the relationship will falter. And it doesnt sound like he is going to be putting out a lot attempt to regain that believe. Washing dishes does no longer make up for dozing with somebody else. baby help for 6 little ones might want to help you to get by for somewhat till you'll stumble on a job, and sounds like you've an excellent initiate to a daycare center occurring there. once you've the area your county welfare provider DHS is continually searching for warm childcare amenities for customers who're in similar situations and choose help with youthful ones at the same time as they artwork. It somewhat doesn't pay plenty, yet sounds like you want to have a job the position you are able to stay abode and on the point of your own little ones. and also you're in no way on my own! you've 6 little ones to imagine of and concentrate on giving an excellent existence and God is continually there to seek for suggestion from from. the rigidity of a wedding ceremony lengthy gone undesirable is complicated on all people and with 6 little ones to imagine of is extra rigidity than you want. stumble on a help crew on your section also. you'd be surprised on the help suggestion and luxury you will get in case you locate the right crew.
2016-11-25 21:30:21 · answer #8 · answered by ? 4 · 0⤊ 0⤋
get an attorney, definitely
2006-12-11 10:27:44 · answer #9 · answered by ? 6 · 0⤊ 0⤋