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ive been married 22 yrs, and its not been good for awhile.
Tonight hubby came in & called a divorce lawyer & told him to start procedings. He said I can have our son cuz he dont want him. my son heard him..he says hes cancelling our lease & moving out...that leaves me & my son on the street. Can he do this? he has never allowed me to work & i have no money.
He's also taking the car & leaving me with a 400.00 a month truck payment. Can he do that too? its his truck & the cars his but its pd for.

2007-03-08 15:58:04 · 15 answers · asked by earthangel_candy 4 in Family & Relationships Marriage & Divorce

15 answers

lol what a rude awakening he is in for, u need to go talk to a lawyer, by law he is responsible for keeping a roof over yours and your childs head until ur divorced.. and hes responsible for seeing to it, that you have a car for your child as well.. and if u want the "Car" u'll get the car.. he will more then likely depending on what state u live in, he'll have to pay u alimony, it could be the kind that he has to pay till u get remarried, or it could be the kind just so u can go to school and get a trade of some sort just depends on the state, he'll have to pay child support, ur entitled to half of any retirement pay he recieves, whether it be straight from a company or rolled into a 401k.. Make sure he pays for your son untill ur son is graduated from High school and not just when he turns 18 if he turns 18 prior to graduating.. Go to the bank tomorrow, withdrawl all funds in the bank, close out the account.. u have every right to do so, since ur name is on the account.. and because he's actting like a smuck u need every dime u can get ur hands on.. If ur name is on the lease i "Believe" not sure , but i believe he needs your ok, to cancell the lease if the lease is not up yet.. Please Please go talk to a lawyer tomorrow.. if u cant afford a lawyer go to legal aide.. If all else fails and u need to buy some time, try going to your church, and asking them for help.. they may be able to give u enough money to atleast keep a roof over u head.. even if u have to extend ur lease for one month till u can figure something out, i suggest u go find a job any job just to bring in money for you and your son.. U go down to the nearest Human resource center and u apply for state assistance, because all of this takes time and if he's going to do this, then u need to get the ball rolling asap.. IF u can, try and play happy home untill he gets his next paycheck and as soon as he deposits it, go withdrawl every penny.. he wants to play games, u need to start worrying about u and ur son and be smarter then he is, and stronger willed then he is, if i were u, id also change the locks on the doors after i get the money out of the account.. he wants out, and he wants to be a slime bucket about it.. Then u play hard ball right back u have every right to protect u and ur child... I also suggest that if u have any credit cards that u hold on to them and take his away if u can, because u may need every dime left on any credit cards to survive if he does go through with this.. IF he has a decent lawyer the lawyer will tell him that he still has financial responsibilities to u..
Also get a temporary custody/child support order, they will make him pay while ur seperated untill the divorce is final..
Dont let him intimidate u, be strong and do what u have to do to secure u and ur son.. let him rot in the streets if he wants to.. but u do what u have to do as a mom to get through this..

Good luck..

2007-03-08 16:17:52 · answer #1 · answered by brwneyedgrl 7 · 0 0

I am sorry to hear about your husband. There are 'divorce' groups at local 'womens centers' all over the US. They can answer some of the immediate questions you have. I also made the decision to divorce my husband (who kept forgetting what a marriage was) after working thru my situation with a 'women's divorce group' in the town I lived in. It was made up of women going through the same kinds of problems. Also look up Legal Aid in your area. They take cases on sliding scale cost. In most states, if the husband files for divorce, he pays for the wife's attorney (or at least a portion). Talk with your local Family Service Department. They can possibly help you financially until you are on your feet. Good luck.

2007-03-09 00:11:48 · answer #2 · answered by rcnut 2 · 0 0

If you have never worked he will have to pay you Alimony for a while I'm sure till you can get some kind of skill or a job so that you can support yourself and your child. As far as the truck is concerned, if it's in his name, he will have to either pay for it himself or get it repossessed, and most likely the court will give you the car, BUT YOU NEED TO GET A LAWYER RIGHT AWAY! Try to get someone in your family or some organization to help you out with your rent and utilities till you get things settled in court. I got news for him, he's not going to get by with what he did, your lawyer will make a BIG FOOL out of him in court! I know you're going through HELL right now honey, but don't worry everything will work out after a while, and I know you don't want to hear this right now, but there is someone out there for you that will treat you like the Queen you deserve to be treated like! I hope your Lawyer really burns him in court!

2007-03-09 00:12:07 · answer #3 · answered by Anonymous · 0 0

Lady,
He can't do these things and he'll get in trouble for abandonment! Get a Lawyers advice! I believe since he's the one working he is stuck with bills he's leaving behind, AND, trying to leave you without a roof! What a Scoundrel!

You can get free legal advice and they will help you! Don't worry about the cost. He'll be stuck with it bcuz he claims to "want out!"

Hope you find someone who loves you and your son very much!

Bless you and I'll keep you in thought!

2007-03-09 00:53:03 · answer #4 · answered by julesrules 6 · 0 0

call a lawyer....it all depends on who's name is on the lease, if it is only his name then he can cancel the lease, you should still have 30 days to get out or at least till the end of the month...but if both of your names are on it then he cant kick you out...the both of you would need to cancel the lease if both names are on it... good luck and call a lawyer for sure

2007-03-09 00:07:28 · answer #5 · answered by jim 4 · 0 0

Get a lawyer and ask for spousal support and child support. He asked for a divorce and He is going to leave you and children. So the law will make him pay you!

2007-03-09 00:06:02 · answer #6 · answered by foxxmay2001 2 · 0 0

oh no! get yourself a good attorney. if he just walks out on you and leaves you with everything, bills and all.......thats abandonment and you can bust him open. now, depending on the state laws where you are depends on how bad you flip this thing around and he is paying for a house that you are living in and he isnt, AND driving an automobile that he is also paying for that he isnt driving. since they are paid for, you will get one because of the child. its hard to advise because laws differ from state to state, and dont forget the child support and allimony you will recieve also and.......since youve been married more than 10 years......half of his retirement/401k and if you dont remarry, his social security. so dont panic. if you get a great attorney, he will be saying sooner rather than later the old addage......its cheaper to keeper. get to work on this ASAP. and please reasure your son, that its not his fault, that dad just said those horrible things becaue he was under a lot of stress and wasnt thinking clearly before he spoke. remember, he is the childs dad........never, no matter how hard it is....never say bad things about the dad around or to the child. he will thank you for it when he is older. believe me, i know.

2007-03-09 00:12:52 · answer #7 · answered by hammy 3 · 0 0

im sorry it didnt work out for you. i really dont have clear knowledge of your laws and agencies that protect women, but i know there should be one that will help you. women organization will assist you, go and find them.

as far as i know, he will have to continue to provide for your son until his legal age. all properties acquired during your marriage should be divided equally for the two of you.

get your own divorce lawyer for further understanding. just don't be afraid and know the rules/regulations and your rights regarding this matter.

i hope everything will turn out right for you.

2007-03-09 01:22:09 · answer #8 · answered by shekinahjireh 2 · 0 0

Get to a lawyer NOW. You have worked as a stay at home mom! You need to see that your son's interests and yours are protected. GO NOW!

2007-03-09 00:03:59 · answer #9 · answered by kalea_kane 6 · 0 0

Honey, call a lawyer IMMEDIATELY! Don't worry about the cost. The lawyer will get paid from the divorce proceedings. You need a SHARK - get one now!!

2007-03-09 00:04:21 · answer #10 · answered by Ade 6 · 1 0

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