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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18388
Experience:  B.A.; M.B.A.; J.D.
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I've been Married 10 years and have 2 small children. My

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I've been Married for almost 10 years and have 2 small children. My husband told me over a year ago he is in love with someone else. He's since pursued a relationship with this other woman, traveling to see her whenever he can (she lives out of state). He's a business man who owns a few franchise businesses but keeps most of his assets in his parents name and had me sign a pre-nump before our marriage however I have been the primary care provided for our children per his request and have not worked since we got married 10 yrs ago. We live in a condo that is owned by his parents and since he made the decision to pursue the new relationship he started with another woman, we have been living under the same roof but I'm expected to sleep on the couch. I have no resources and no income but the very small allowance he gives me that is supposed to not only cover my monthly expenses (gas, cell phone etc) I'm also expected to use this money on expenses for our children and groceries. I've tried to remain amicable for the sake of the children but the situation is becoming incredibly stressful. He is an alcoholic who is verbally abusive and hardly participates in anything for our children. He does not attend school functions, games or even holidays. I'm incredibly unhappy as are my children living like this and I would move if I could but because I have no access to any of our money- I don't know what to do. I would prefer to keep my children in their home temporarily until I can get back on my feet but he says his family will sell it if he leaves and I stay. He says he can't afford to move anywhere else which is why he is still living with us however I just learned he is now paying half of his mistresses monthly rent and he is constantly shopping for himself and traveling to see her. What legal rights do I have to stay in the only place my children know as their home? I want to get a lawyer to start divorce papers but how can I if I don't have access to any of our money? He and his family are very manipulative and used to making their own rules but I can't live like this any longer and need to know how to take action to protect my children and myself. If you can provide any advice, it would be much appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry to read about your difficulties.

What legal rights do I have to stay in the only place my children know as their home?

Response 1: Eventhough this property is not in your name, it is a marital property, where you and kids live. So, your husband and his parents cannot sell the property from under you and your kids and evict you without a Court Order.

I want to get a lawyer to start divorce papers but how can I if I don't have access to any of our money?

Response 2: You may be able to find an Attorney wiling to take the case and then file Motion with the Court to order your husband to pay for his/her fees. The Court can order your husband to pay for your Attorney's fees and Court costs. You can use the following sites to find Attorneys:

Lawyers.com

Justia.com

Findlaw.com

He and his family are very manipulative and used to making their own rules but I can't live like this any longer and need to know how to take action to protect my children and myself. If you can provide any advice, it would be much appreciated.

Response 3: You need to retain a divorce Attorney to file for divorce for you and file Motion for temporary custody, child support, and spousal maintenance.

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