How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jack R. Your Own Question

Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
14472836
Type Your Family Law Question Here...
Jack R. is online now
A new question is answered every 9 seconds

Hello, Im considering seperation. Weve been married

Resolved Question:

Hello,
   I'm considering seperation. We've been married 15 yrs have a son 18 and daughter 15. He has been fired from all four jobs since we married, lost his 401K and we have no savings.
Since the last firing, a year and a half ago, our house payments have been late and our credit is ruined, I know since my van lease was up and I tried to purchase or lease another and was turned down. His mom has been paying our bills for this year and a half and I'm terribly embarrassed. We built our house together 11 yrs ago and my mom lives about the garage.
I own two dance studio's, opened the second last season and I struggle to pay the leasees with the economy. My concern is losing our house, moving my mom, my kids, and animals.
I want to stay here but if I can't I'll stay married.
I appreciate your opinion!
Frustrated ballerina (Michele)
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.

A legal separation can last up to one year. After one year you should be ready to decide if you want to get a divorce or get back together with your spouse.

You can ask for temporary maintenance, child custody, possession of property, and child support. You can also ask for temporary visitation rights, counseling, a temporary restraining order or a protective order.

The court will not automatically grant these orders; you need to request them first. The issue will be whether his mon will continue to pay expenses. She is under no obligation to do so. Since your husband is not working there will not be much opportunity to get funds from him. A court will likely order him to pay some support and to seek employment. This is never a guarentee of funds.

You may be able yo get the home for your exclusive use, but you will need to assess your ability to make the payments without help from his mother.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 5 years ago.

Hi,

No, I'm sure his mom will not continue to pay if we seperate. So, as long as I can

show that I can pay the mortgage I might be able to stay in the house?

 

He has to be self employed now since his trouble in past accounting has black balled

him from this area. He is a College Grad and has been CFO of four companies so he

refuses to work a normal blue collor job. The last firing boss knew of his trouble at his past job so they threatened to tell if he went for Unemployment.

FYI

 

I guess when I go to see someone (a lawyer) I need to know what I want and request it, right?

Thanks,

Michele

Expert:  Jack R. replied 5 years ago.

Before you seel counsel, have an idea of what you want to achieve. Is a divorce, a separation. What do you want to do about the children, medical insurance, and the ability to support yourself. The court will not enquire into you ability to pay. It will ask for what you want and why you should get the house. You have a mother living there who would be disposessed, and a child whom I assume would be living with you. This along with the fact you are the sole bread winner would be leverage to keep you in the home.

 

One other consideration is that separation and divorce works both ways. Depending on your carreers and income, there is no de fault reason why a court cannot offer maintanance to the husband. Your situation it is highly doubtful because it appears your husband is just plain lazy, but a consideration.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 5 years ago.

Hi,

what is considered "Maintenance"?

 

Could the court order him to get a job? If I start paying our house payment on time,

do you know how long it takes for our credit rating to get back on track?

Thanks,

Michele

 

Expert:  Jack R. replied 5 years ago.

Maintanance is another word for alimony. It is apayment made to assist a party to get back on their feet. It could be a payment to go to school, payment to get into a position to re-enter the job market. It was originally created for stay at home mom's that needed to be integrated into the work force.

 

This would not be the case with your husband. A court could take into consideration you have been married for 15 years and that he now needs a place to stay. It is temporary in nature. Given that he can work and should work, I do not believe it would be awarded in this case, but judges have surprised me in the past.

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Jack R.
Jack R.
Family Lawyer
6147 Satisfied Customers
OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law